Agenda 02/13/2018 Item #14A02/13/2018
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid No. 18-7240 - New Terminal Facility and Associated
Improvements at the Marco Island Executive Airport (MKY) to West Construction, Inc. for
$9,396,263, authorize the Chair to execute the contract, and authorize the necessary budget
amendments (Project No. 33484).
OBJECTIVE: To enhance safety at the Marco Island Executive Airport (MKY) by constructing a new
general aviation terminal facility and associated infrastructure.
CONSIDERATIONS: The existing general aviation terminal building at MKY is located within a
distance from the active runway that deviates from current Federal Aviation Administration (FAA) design
and safety standards. The building is located approximately 50 feet from the Runway Object Free Area
and is completely within the 14 CFR Part 77 Transitional Surface and future Parallel Taxiway Object Free
Area. The proposed new terminal, apron and associated safety improvements have all been designed in
accordance with updated applicable codes and standards.
On May 12, 2017, the Procurement Services Division released notices of Invitation to Bid (ITB) No. 17 -
7149 to 2,267 vendors for the construction of the new terminal facility, associated landside (parking lot,
site infrastructure) and airside improvements (apron expansion, demolition of existing terminal). Eighty-
one bid packages were downloaded, and two (2) bids were received on June 13, 2017, with the lowest
responsive bid being $15,281,075--substantially higher than the engineer’s opinion of probable costs.
After careful review, consideration, and concurrence with the grantor agencies, in the best interests of the
county, the bids were rejected and the solicitation canceled.
After canceling the solicitation, staff commenced efforts to rescope and value-engineer the project to
better align project costs with local and external funding limitations. As part of this effort, the airside
improvements (apron and demolition of existing terminal, primarily funded by FAA) were moved to a
separate project and deferred to FY19, as these project elements cannot feasibly occur until the new
terminal facility is constructed.
Efforts to rescope and modify the terminal/landside plans and specifications were made that included
interior finish modifications, reduction of approximately 1,700 square feet of building space within the
base bid, and utilization of numerous bid-alternates.
On October 21, 2017, the Procurement Services Division released notices of ITB No. 18 -7240 to 1,762
vendors for the MKY Terminal Project. Vendors downloaded one hundred eleven (111) bid packages and
the County received four (4) bids on November 21, 2017. The Bid Tabulation, and Notice of
Recommended Award are attached for further review. As indicated in the Notice of Recommended
Award, Staff recommends awarding the base bid for both the Building and the Site, plus Site alternates 1,
2, 3 and Building Alternates 4 and 6, which totals as follows:
Contractor Amount
West Construction $ 9,396,263
Gates Construction $ 9,714,657
OAK Florida $ 10,452,605
GW Management $ 11,997,929
The lowest, qualified bid is approximately 10.4% higher than the engineer’s $8,512,018 comparable
opinion of probable cost. With consideration to the continual cost escalations that have bee n experienced
14.A.1
Packet Pg. 185
02/13/2018
in the local construction market, coupled with the comprehensive effort to value-engineer the plans/specs
short of a major redesign of the entire facility, staff recommends the award to West Construction, Inc. in
the amount of $9,396,263 as the lowest, responsible and responsive bidder. The bid analysis and
engineer’s recommendation to award are included as attachments to this item.
The total cost for this project, including Construction Engineering/Inspection (CEI) in the amount of
$919,763.50 (which is being presented to the Board at a future meeting), is $10,315,936.50.
FISCAL IMPACT: On September 27, 2016, the Board authorized execution of Joint Participation
Agreement No. G0E50 with the Florida Department of Transportation (FDOT) in the amount of $783,900
to fund the initial design and permitting of the terminal facility. It is anticipated that FDOT will
participate in eligible construction costs at approximately eighty percent (80%) through the issuance of
Supplemental Joint Participation Agreements. Funds for this phase of the project are allocated in the
FDOT Work Program (FPN: 4370631) in the amount of $4,980,000, to be reimbursed in installments
between FY19-FY21, subject to annual legislative appropriations. In addition, FDOT gra nt program
managers have indicated that an additional $2,747,620 is available in the Airport Authority’s Capital
Improvement Work Program that can be utilized toward this project, subject to a work program
amendment in July 2018, and annual legislative appropriations.
A budget amendment is necessary to appropriate funding for the construction utilizing Airport Authority
Fund (496) Reserves, in addition to a temporary loan of $9,000,000 from Planning Services Fund (131)
Reserves to be fully repaid no later than fiscal year 2021. The loan is required to provide the Airport
Authority with sufficient budget to open the construction purchase order due to the timing of
reimbursements from the FDOT for the project, which are programmed over a period of three fiscal years.
If and when cash is transferred to Airport funds, interest will accrue on the loan and is a required
component of the repayment to Planning Services. In addition to the loan from Planning Services, the
Authority has accumulated nearly $2.5 million of Reserves to fund the match portion of the project, and is
being subsidized by a General Fund (001) transfer of $1.0 million as previously budgeted and approved
by the Board for FY18.
GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): Because this application
is not adding uses or increasing the intensity of the previously approved uses in the Public Zoning
District, it is consistent with the FLUE of the Growth Management Plan.
Transportation Element: Transportation Planning staff has evaluated the proposed changes to the SDPA
Documents and finds no impact to the Transportation Element.
Conservation and Coastal Management (CCME) Element: Environmental staff has evaluated the
proposed change to the SDPA Documents and finds no impact to the CCME.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority
vote for Board approval. -SRT
RECOMMENDATION: To award ITB No. 18-7240 for New Terminal Facility and Assoicated
Improvements to West Construction, Inc., authorize the Chair to execute the attached contract, and
authorize the necessary budget amendments.
Prepared by: Justin Lobb, Airports Manager, Airport Authority
ATTACHMENT(S)
1. [Linked] 18-7240 West Construction_Contract_VendSign (PDF)
14.A.1
Packet Pg. 186
02/13/2018
2. 18-7240 - MKY New Terminal & Associated Improvements - NORA - Executed.docx (PDF)
3. 18-7240 Engineer's Letter of Recommended Award (PDF)
4. 18-7240 Bid Tabulation r2 (PDF)
14.A.1
Packet Pg. 187
02/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 14.A.1
Doc ID: 4496
Item Summary: Recommendation to award Invitation to Bid No. 18-7240 - New Terminal
Facility and Associated Improvements at the Marco Island Executive Airport (MKY) to West
Construction, Inc. for $9,396,263, authorize the Chair to execute the contract, and authorize the necessary
budget amendments (Project No. 33484). (Justin Lobb, Airport Manager)
Meeting Date: 02/13/2018
Prepared by:
Title: Operations Coordinator – Airport Authority
Name: Debra Brueggeman
01/08/2018 11:02 AM
Submitted by:
Title: Division Director - Operations Support – Growth Management Department
Name: Gene Shue
01/08/2018 11:02 AM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 01/08/2018 11:07 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 01/23/2018 9:37 AM
Airport Authority Justin Lobb Additional Reviewer Completed 01/23/2018 10:04 AM
Board of County Commissioners Jim Flanagan Additional Reviewer Completed 01/23/2018 1:35 PM
Procurement Services Ted Coyman Additional Reviewer Completed 01/24/2018 9:12 AM
Growth Management Department Diane Lynch Level 1 Reviewer Completed 01/24/2018 9:57 AM
Growth Management Department Gene Shue Additional Reviewer Completed 01/24/2018 11:19 AM
Growth Management Operations Support Allison Kearns Additional Reviewer Completed 01/24/2018 4:22 PM
Capital Project Planning, Impact Fees, and Program Management Rookmin Nauth Additional Reviewer Completed 01/25/2018 10:58 AM
Procurement Services Swainson Hall Additional Reviewer Completed 01/26/2018 9:31 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 01/26/2018 10:18 AM
Growth Management Department James French Deputy Department Head Review Completed 01/30/2018 4:39 PM
Grants Edmond Kushi Level 2 Grants Review Completed 01/31/2018 12:02 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/01/2018 12:30 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 02/01/2018 12:44 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2018 2:44 PM
14.A.1
Packet Pg. 188
02/13/2018
Grants Therese Stanley Additional Reviewer Completed 02/02/2018 3:39 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 02/05/2018 2:02 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/06/2018 10:51 AM
Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM
14.A.1
Packet Pg. 189
14.A.1.bPacket Pg. 190Attachment: 18-7240 - MKY New Terminal & Associated Improvements - NORA - Executed.docx (4496 : 18-7240 MKY Terminal Construction Bid
14.A.1.c
Packet Pg. 191 Attachment: 18-7240 Engineer's Letter of Recommended Award (4496 : 18-7240 MKY Terminal Construction Bid Award)
14.A.1.c
Packet Pg. 192 Attachment: 18-7240 Engineer's Letter of Recommended Award (4496 : 18-7240 MKY Terminal Construction Bid Award)
Project No:18-7240 Procurement Strategist: Jim Flanagan No. of Notices: 1,762
Project Title:MARCO ISLAND EXECUTIVE AIRPORT Project Manager: Justin Lobb No. of Downloads: 111
NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS No. of Bids Rec'd: 4
BID TABULATION
Date: 11/21/2017 BIDDER:West Construction Gates-Butz Construction OAK Florida GW Management Services LLC ENGINEER'S OPINION OF COSTS
BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST
SITE BASE BID
1 M-110-1 Mobilization LS 1 $452,000.00 $452,000.00 $55,000.00 $55,000.00 $131,008.17 $131,008.17 $30,000.00 $30,000.00 $482,118.00 $482,118.00
2 M-110-2 Safety, Security, and Traffic Control DAY 365 $68.00 $25,000.00 $0.00 $0.00 $7.84 $2,861.60 $200.00 $73,000.00 $100.00 $36,500.00
3 M-110-3 SPCD LS 1 $10,000.00 $10,000.00 $44,235.00 $44,235.00 $550.00 $550.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00
4 -- New Terminal Building - Base Bid -- -- --SEE BELOW -- SEE BELOW -- SEE BELOW -- SEE BELOW -- SEE BELOW
5 P-120-1 Remove Existing Water Main LF 1,250 $15.45 $19,312.50 $13.50 $16,875.00 $16.50 $20,625.00 $25.00 $31,250.00 $10.00 $12,500.00
6 P-120-2 Remove Existing 12-Inch Effluent Main LF 480 $21.46 $10,300.80 $20.00 $9,600.00 $16.50 $7,920.00 $25.00 $12,000.00 $10.00 $4,800.00
7 P-120-3 Remove Existing Force Main LF 420 $20.11 $8,446.20 $14.00 $5,880.00 $22.00 $9,240.00 $30.00 $12,600.00 $15.00 $6,300.00
8 P-120-4 Abandon and Grout Existing 12-Inch Effluent Ma LF 1,260 $28.77 $36,250.20 $7.00 $8,820.00 $44.00 $55,440.00 $60.00 $75,600.00 $15.00 $18,900.00
9 P-120-5 Abandon and Grout Existing Force Main LF 370 $9.26 $3,426.20 $11.50 $4,255.00 $27.50 $10,175.00 $40.00 $14,800.00 $15.00 $5,550.00
10 P-120-6 Miscellaneous Demolition LS 1 $2,987.00 $2,987.00 $5,000.00 $5,000.00 $7,150.00 $7,150.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00
11 P-125-1 Asphalt Milling, 2-Inch Nominal Depth SY 100 $8.45 $845.00 $40.00 $4,000.00 $4.29 $429.00 $250.00 $25,000.00 $3.00 $300.00
12 P-125-2 Miscellaneous Concrete Pavement Removal SY 50 $9.00 $450.00 $22.00 $1,100.00 $6.66 $333.00 $200.00 $10,000.00 $15.00 $750.00
13 P-125-3 Full Depth Asphalt Pavement Removal SY 3,100 $6.75 $20,925.00 $7.50 $23,250.00 $2.87 $8,897.00 $25.00 $77,500.00 $8.00 $24,800.00
14 P-151-1 Clearing and Grubbing SY 14,500 $1.00 $14,500.00 $3.00 $43,500.00 $0.30 $4,350.00 $2.00 $29,000.00 $8.00 $116,000.00
15 P-151-2 Fence Removal LF 1,600 $4.80 $7,680.00 $5.00 $8,000.00 $4.13 $6,608.00 $5.00 $8,000.00 $8.00 $12,800.00
16 P-152-1 Embankment in Place CY 370 $14.10 $5,217.00 $11.00 $4,070.00 $5.92 $2,190.40 $25.00 $9,250.00 $15.00 $5,550.00
17 P-152-2 Borrow Excavation (Select Material Offsite) CY 10,500 $11.50 $120,750.00 $28.50 $299,250.00 $23.41 $245,805.00 $35.00 $367,500.00 $25.00 $262,500.00
18 P-152-3 Muck Unsuitable Excavation CY 2,000 $15.00 $30,000.00 $27.50 $55,000.00 $7.54 $15,080.00 $35.00 $70,000.00 $10.00 $20,000.00
19 P-152-4 Subgrade Compaction, 8-Inch Depth (95% Com SY 3,900 $3.50 $13,650.00 $0.50 $1,950.00 $2.21 $8,619.00 $5.00 $19,500.00 $8.00 $31,200.00
20 P-156-1 Temporary Pollution, Erosion, and Siltation Cont LS 1 $26,405.00 $26,405.00 $10,000.00 $10,000.00 $2,882.00 $2,882.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00
21 D-701-1 18" Reinforced Concrete Pipe, Class III LF 330 $93.64 $30,901.20 $53.00 $17,490.00 $49.50 $16,335.00 $60.00 $19,800.00 $90.00 $29,700.00
22 D-701-2 24" Reinforced Concrete Pipe, Class III LF 330 $124.85 $41,200.50 $69.00 $22,770.00 $60.50 $19,965.00 $70.00 $23,100.00 $110.00 $36,300.00
23 D-701-3 30" Reinforced Concrete Pipe, Class III LF 55 $159.18 $8,754.90 $85.00 $4,675.00 $71.50 $3,932.50 $80.00 $4,400.00 $160.00 $8,800.00
24 D-751-1 FDOT Type 8 Manhole EA 2 $4,944.00 $9,888.00 $1,750.00 $3,500.00 $3,300.00 $6,600.00 $4,500.00 $9,000.00 $5,000.00 $10,000.00
25 D-751-2 FDOT Type G Ditch Bottom Inlet EA 6 $2,626.00 $15,756.00 $4,200.00 $25,200.00 $4,125.00 $24,750.00 $5,000.00 $30,000.00 $8,500.00 $51,000.00
26 D-752-1 FDOT 30-Inch Mitered End Section EA 1 $2,575.00 $2,575.00 $2,000.00 $2,000.00 $3,300.00 $3,300.00 $4,500.00 $4,500.00 $5,000.00 $5,000.00
27 F-162-1 7-foot High Chain-Link Fence with Barbed Wire LF 300 $39.60 $11,880.00 $26.00 $7,800.00 $35.75 $10,725.00 $45.00 $13,500.00 $40.00 $12,000.00
28 T-904-1 Sodding SY 13,400 $2.52 $33,768.00 $2.08 $27,872.00 $2.40 $32,160.00 $9.00 $120,600.00 $5.00 $67,000.00
29 FDOT-160-1 Subgrade Stabilization, 12-Inch Depth (100% Co SY 3,900 $5.00 $19,500.00 $6.00 $23,400.00 $6.19 $24,141.00 $22.00 $85,800.00 $8.00 $31,200.00
30 FDOT-285-1 FDOT Index No. 514, Optional Base Group 5 SY 3,900 $16.43 $64,077.00 $11.00 $42,900.00 $11.42 $44,538.00 $25.00 $97,500.00 $15.00 $58,500.00
31 FDOT-334-1 Superpave Asphaltic Concrete TON 900 $118.00 $106,200.00 $144.01 $153,556.00 $129.80 $116,820.00 $160.00 $144,000.00 $150.00 $135,000.00
32 FDOT-711-1 Thermoplastic Traffic Stripes SF 120 $16.00 $1,920.00 $4.25 $510.00 $4.07 $488.40 $15.00 $1,800.00 $8.00 $960.00
33 260500-1 FPL Bypass for Existing Terminal LS 1 $13,000.00 $13,000.00 $13,000.00 $13,000.00 $44,000.00 $44,000.00 $20,000.00 $20,000.00 $30,000.00 $30,000.00
34 260500-2 Communication Bypass for Existing Terminal LS 1 $16,000.00 $16,000.00 $16,000.00 $16,000.00 $44,000.00 $44,000.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00
35 331100-1 Temporary Utilities LS 1 $15,000.00 $15,000.00 $20,000.00 $20,000.00 $33,000.00 $33,000.00 $40,000.00 $40,000.00 $30,000.00 $30,000.00
36 331100-2 Connect To Existing MIU Main with Valve EA 1 $8,650.00 $8,650.00 $6,000.00 $6,000.00 $3,850.00 $3,850.00 $4,500.00 $4,500.00 $7,500.00 $7,500.00
37 331100-3 Relocate MIU 8-Inch BFP/ Master Meter Assemb EA 1 $8,253.00 $8,253.00 $9,000.00 $9,000.00 $16,500.00 $16,500.00 $20,000.00 $20,000.00 $30,000.00 $30,000.00
38 331100-4 2-Inch PVC Pipe, Water Main (Incl. Fittings) LF 790 $17.51 $13,832.90 $22.00 $17,380.00 $14.30 $11,297.00 $15.00 $11,850.00 $10.00 $7,900.00
39 331100-5 1-Inch HDPE Pipe, Water Main (Incl. Fittings) LF 170 $17.51 $2,976.70 $23.00 $3,910.00 $11.00 $1,870.00 $15.00 $2,550.00 $10.00 $1,700.00
40 331100-6 6-Inch PVC Pipe, Fire Main (Incl. Fittings) LF 50 $49.44 $2,472.00 $54.00 $2,700.00 $55.00 $2,750.00 $60.00 $3,000.00 $50.00 $2,500.00
41 331100-7 8-Inch PVC Pipe, Fire Main (Incl. Fittings) LF 630 $52.32 $32,961.60 $53.00 $33,390.00 $46.20 $29,106.00 $60.00 $37,800.00 $80.00 $50,400.00
42 331100-8 Hydrant Assemblies with 6-Inch Connecting Pipi EA 2 $5,150.00 $10,300.00 $8,500.00 $17,000.00 $5,280.00 $10,560.00 $5,000.00 $10,000.00 $8,000.00 $16,000.00
43 331100-9 8-Inch Gate Valves & Box EA 3 $2,060.00 $6,180.00 $1,500.00 $4,500.00 $1,540.00 $4,620.00 $2,500.00 $7,500.00 $3,000.00 $9,000.00
44 331100-10 8-Inch PVC Pipe, Off-site Water Main Extension LS 1 $126,000.00 $126,000.00 $44,000.00 $44,000.00 $110,000.00 $110,000.00 $150,000.00 $150,000.00 $100,000.00 $100,000.00
45 333216-1 Package 2-HP Lift Station And Control Panel EA 1 $56,650.00 $56,650.00 $63,000.00 $63,000.00 $52,800.00 $52,800.00 $68,000.00 $68,000.00 $80,000.00 $80,000.00
46 333216-2 Electrical Power And Breaker Box LS 1 $10,500.00 $10,500.00 $10,500.00 $10,500.00 $25,746.60 $25,746.60 $18,000.00 $18,000.00 $25,000.00 $25,000.00
47 333400-1 Water Main Demolition And Temporary Service B LS 1 $12,850.00 $12,850.00 $2,000.00 $2,000.00 $6,050.00 $6,050.00 $7,500.00 $7,500.00 $20,000.00 $20,000.00
48 333400-2 12-Inch PVC Pipe, Effluent Main (Incl. Fittings) LF 700 $77.25 $54,075.00 $61.00 $42,700.00 $88.00 $61,600.00 $95.00 $66,500.00 $70.00 $49,000.00
49 333400-3 12-Inch Gate Valve & Boxes (Incl. Shutdowns) (E EA 2 $4,120.00 $8,240.00 $2,500.00 $5,000.00 $2,640.00 $5,280.00 $2,400.00 $4,800.00 $5,000.00 $10,000.00
50 333400-4 Force Main Demolition And Temporary Service B LS 1 $10,680.00 $10,680.00 $2,000.00 $2,000.00 $4,950.00 $4,950.00 $5,500.00 $5,500.00 $30,000.00 $30,000.00
51 333400-5 Connect To Existing MIU Force Main with Valve EA 1 $1,030.00 $1,030.00 $3,000.00 $3,000.00 $8,800.00 $8,800.00 $15,000.00 $15,000.00 $5,000.00 $5,000.00
52 333400-6 2-Inch PVC Pipe, Force Main (Incl. Fittings) LF 320 $20.60 $6,592.00 $24.00 $7,680.00 $16.50 $5,280.00 $30.00 $9,600.00 $12.00 $3,840.00
53 333400-7 2-Inch HDPE Pipe, Force Main (Incl. Fittings) LF 690 $20.60 $14,214.00 $24.00 $16,560.00 $16.50 $11,385.00 $30.00 $20,700.00 $15.00 $10,350.00
54 333400-8 Precast Concrete Sanitary Manhole EA 3 $4,944.00 $14,832.00 $5,000.00 $15,000.00 $5,500.00 $16,500.00 $5,500.00 $16,500.00 $10,000.00 $30,000.00
55 333400-9 8-Inch PVC Gravity Sewer LF 240 $77.25 $18,540.00 $38.00 $9,120.00 $66.00 $15,840.00 $80.00 $19,200.00 $80.00 $19,200.00
56 333400-10 6-Inch PVC Lateral LF 170 $61.80 $10,506.00 $38.00 $6,460.00 $27.50 $4,675.00 $40.00 $6,800.00 $30.00 $5,100.00
57 333400-11 Isolation/Check Valve Vault EA 1 $450.00 $450.00 $5,500.00 $5,500.00 $8,250.00 $8,250.00 $10,000.00 $10,000.00 $1,000.00 $1,000.00
58 333400-12 Connect To Existing Civil Air Patrol Lift Station EA 1 $4,500.00 $4,500.00 $2,400.00 $2,400.00 $2,750.00 $2,750.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00
TOTAL - SITE BASE BID $1,633,851 $1,309,258 $1,385,378 $2,059,300 $2,119,518
14.A.1.d
Packet Pg. 193 Attachment: 18-7240 Bid Tabulation r2 (4496 : 18-7240 MKY Terminal Construction Bid Award)
Project No:18-7240 Procurement Strategist: Jim Flanagan No. of Notices: 1,762
Project Title:MARCO ISLAND EXECUTIVE AIRPORT Project Manager: Justin Lobb No. of Downloads: 111
NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS No. of Bids Rec'd: 4
BID TABULATION
Date: 11/21/2017 BIDDER:West Construction Gates-Butz Construction OAK Florida GW Management Services LLC ENGINEER'S OPINION OF COSTS
BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST
4 NEW TERMINAL BUILDING BASE BID
1.0 GENERAL CONDITIONS, INSURANCES, & OH&P $59.44 $979,944 $38.84 $640,293 $48.89 $806,027 $75.48 $1,244,342 $318.47 $5,250,000
3.0 CONCRETE $41.96 $691,749 $42.98 $708,494 $18.20 $300,000 $53.31 $878,890 $0.00 $0
4.0 MASONRY $6.45 $106,300 #VALUE!incl $31.55 $520,100 $13.33 $219,723 $0.00 $0
5.0 METALS $42.38 $698,569 $22.98 $378,777 $27.70 $456,686 $46.85 $772,321 $0.00 $0
6.0 CARPENTRY, MILLWORK, CABINETRY & WALL PANELS $13.78 $227,173 $29.48 $485,926 $23.48 $387,063 $26.66 $439,445 $0.00 $0
7.1 THERMAL AND MOISTURE PROTECTION $3.53 $58,132 $11.27 $185,850 $8.85 $145,833 $9.82 $161,936 $0.00 $0
7.2 ROOFING, FLASHING & SHEET METAL $19.97 $329,200 $19.97 $329,200 $18.96 $312,532 $22.95 $378,290 $0.00 $0
8.1 DOORS, FRAMES & HARDWARE $4.53 $74,740 $6.26 $103,169 $5.00 $82,456 $12.04 $198,499 $0.00 $0
8.2 STOREFRONT, CURTAIN WALL, WINDOWS, GLASS & GLAZING $22.11 $364,430 $20.08 $331,060 $22.61 $372,740 $55.05 $907,454 $0.00 $0
9.1 DRYWALL, STUCCO & EXTERIOR FINISH SYSTEMS $25.29 $416,853 $28.50 $469,780 $39.13 $645,000 $30.32 $499,869 $0.00 $0
9.2 TILE AND FLOORING $14.98 $246,999 $12.22 $201,471 $22.09 $364,193 $9.37 $154,390 $0.00 $0
9.3 ACOUSTICAL CEILINGS $2.22 $36,516 $4.64 $76,560 $12.53 $206,556 $8.42 $138,835 $0.00 $0
9.4 PAINTING $4.66 $76,755 $6.33 $104,427 $9.68 $159,579 $5.10 $84,013 $0.00 $0
10.0 SPECIALTIES $5.75 $94,728 $1.85 $30,513 $6.57 $108,343 $6.12 $100,925 $0.00 $0
11.1 APPLIANCES #VALUE!incl $1.73 $28,562 $0.18 $3,000 $0.00 $0 $0.00 $0
11.2 SUN CONTROL DEVICES $1.24 $20,450 $0.99 $16,373 $2.22 $36,594 $0.67 $10,986 $0.00 $0
12.0 WINDOW TREATMENTS $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0
14.0 CONVEYING SYSTEMS $3.79 $62,418 $3.79 $62,418 $3.79 $62,418 $3.93 $64,818 $0.00 $0
15.1 FIRE SPRINKLERS $3.57 $58,875 $2.84 $46,883 $2.74 $45,230 $6.86 $113,157 $0.00 $0
15.2 PLUMBING $9.49 $156,400 $9.56 $157,650 $9.56 $157,600 $10.42 $171,823 $0.00 $0
15.3 HVAC $41.55 $685,000 $42.46 $700,000 $44.19 $728,450 $41.99 $692,126 $0.00 $0
16.1 ELECTRICAL, FIRE ALARM, TEL/DATA, & SECURITY $85.00 $1,401,150 $139.10 $2,293,102 $124.96 $2,059,943 $63.35 $1,044,262 $0.00 $0
16.2 LIGHTNING PROTECTION $1.05 $17,300 $1.05 $17,300 $2.24 $36,894 $1.20 $19,775 $0.00 $0
$412.72 $446.94 $485.12 $503.24 $318.47
TOTAL - NEW TERMINAL BUILDING BASE BID 16,485 $6,803,681 16,485 $7,367,808 16,485 $7,997,237 16,485 $8,295,879 16,485 $5,250,000
sf sf sf sf sf
TOTAL ‐ SITE AND NEW TERMINAL BUILDING BASE BIDS $8,437,532 $8,677,066 $9,382,615 $10,355,179 $7,369,518
14.A.1.d
Packet Pg. 194 Attachment: 18-7240 Bid Tabulation r2 (4496 : 18-7240 MKY Terminal Construction Bid Award)
Project No:18-7240 Procurement Strategist: Jim Flanagan No. of Notices: 1,762
Project Title:MARCO ISLAND EXECUTIVE AIRPORT Project Manager: Justin Lobb No. of Downloads: 111
NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS No. of Bids Rec'd: 4
BID TABULATION
Date: 11/21/2017 BIDDER:West Construction Gates-Butz Construction OAK Florida GW Management Services LLC ENGINEER'S OPINION OF COSTS
BID NO ITEM DESCRIPTION OF WORK UNIT QUANTITY UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST UNIT PRICE TOTAL COST
BID ALTERNATES:
SITE BID ALTERNATE 1 - PARKING LOT CONSTRUCTION
59 P-151-1 Clearing and Grubbing SY 8,800 $1.15 $10,120.00 $4.20 $36,960.00 $0.12 $1,056.00 $2.00 $17,600.00 $8.00 $70,400.00
60 P-152-1 Embankment in Place CY 4,300 $16.13 $69,359.00 $11.00 $47,300.00 $3.39 $14,577.00 $25.00 $107,500.00 $15.00 $64,500.00
61 P-152-2 Borrow Excavation (Select Material Offsite) CY -10,000 $13.77 ($137,700.00)$21.00 ($210,000.00)$23.41 ($234,100.00)$0.00 $0.00 $25.00 ($250,000.00)
62 P-152-4 Subgrade Compaction, 8-Inch Depth (95% Com SY 3,600 $4.00 $14,400.00 $0.50 $1,800.00 $2.21 $7,956.00 $5.00 $18,000.00 $8.00 $28,800.00
63 P-152-5 Borrow Excavation (A-3 Pond Material Offsite) CY 8,400 $13.72 $115,248.00 $46.00 $386,400.00 $44.44 $373,296.00 $35.00 $294,000.00 $25.00 $210,000.00
64 P-156-2 Additional Temporary Pollution, Erosion, and Silt LS 1 $5,881.00 $5,881.00 $5,000.00 $5,000.00 $948.20 $948.20 $15,000.00 $15,000.00 $5,000.00 $5,000.00
65 D-701-2 24" Reinforced Concrete Pipe, Class III LF 70 $147.23 $10,306.10 $69.00 $4,830.00 $60.50 $4,235.00 $70.00 $4,900.00 $110.00 $7,700.00
66 D-701-3 30" Reinforced Concrete Pipe, Class III LF 170 $177.11 $30,108.70 $85.00 $14,450.00 $71.50 $12,155.00 $80.00 $13,600.00 $160.00 $27,200.00
67 D-751-1 FDOT Type 8 Manhole EA 1 $5,491.00 $5,491.00 $1,750.00 $1,750.00 $3,300.00 $3,300.00 $4,500.00 $4,500.00 $5,000.00 $5,000.00
68 D-752-2 FDOT 24-Inch Mitered End Section EA 2 $2,259.00 $4,518.00 $1,000.00 $2,000.00 $1,650.00 $3,300.00 $2,850.00 $5,700.00 $3,500.00 $7,000.00
69 D-752-3 FDOT Type H Ditch Bottom Inlet (Modified) (Larg EA 2 $4,004.00 $8,008.00 $7,000.00 $14,000.00 $8,800.00 $17,600.00 $6,800.00 $13,600.00 $20,000.00 $40,000.00
70 D-752-4 Rip Rap, Broken Concrete 6" - 18" SY 150 $68.64 $10,296.00 $100.00 $15,000.00 $22.00 $3,300.00 $55.00 $8,250.00 $200.00 $30,000.00
71 T-904-1 Sodding SY -3,400 $2.88 ($9,792.00) $2.08 ($7,072.00) $2.40 ($8,160.00) $9.00 ($30,600.00) $5.00 ($17,000.00)
72 FDOT-160-1 Subgrade Stabilization, 12-Inch Depth (100% Co SY 3,600 $5.72 $20,592.00 $6.00 $21,600.00 $4.18 $15,048.00 $0.00 $0.00 $8.00 $28,800.00
73 FDOT-285-1 FDOT Index No. 514, Optional Base Group 5 SY 700 $18.80 $13,160.00 $12.25 $8,575.00 $11.42 $7,994.00 $25.00 $17,500.00 $15.00 $10,500.00
74 FDOT-285-2 FDOT Index No. 514, Optional Base Group 1 SY 2,900 $11.44 $33,176.00 $9.00 $26,100.00 $7.39 $21,431.00 $25.00 $72,500.00 $10.00 $29,000.00
75 FDOT-334-1 Superpave Asphaltic Concrete TON 500 $140.40 $70,200.00 $142.30 $71,150.00 $135.00 $67,500.00 $170.00 $85,000.00 $150.00 $75,000.00
76 FDOT-520-1 Concrete Curb, Type D LF 2,800 $10.98 $30,744.00 $8.65 $24,220.00 $9.52 $26,656.00 $25.00 $70,000.00 $18.00 $50,400.00
77 FDOT-522-1 Concrete Sidewalk, 4-Inch Depth SY 930 $58.82 $54,702.60 $27.50 $25,575.00 $40.54 $37,702.20 $10.00 $9,300.00 $50.00 $46,500.00
78 FDOT-700-1 Single Post Sign EA 14 $455.00 $6,370.00 $200.00 $2,800.00 $187.00 $2,618.00 $350.00 $4,900.00 $350.00 $4,900.00
79 FDOT-700-2 Relocation of Existing Parking Lot Sign EA 6 $75.00 $450.00 $150.00 $900.00 $60.50 $363.00 $350.00 $2,100.00 $100.00 $600.00
80 FDOT-710-1 Painted Traffic Stripes SF 1,300 $3.00 $3,900.00 $2.00 $2,600.00 $2.20 $2,860.00 $8.00 $10,400.00 $4.00 $5,200.00
81 FDOT-711-1 Thermoplastic Traffic Stripes SF 1,000 $4.00 $4,000.00 $2.00 $2,000.00 $3.85 $3,850.00 $15.00 $15,000.00 $8.00 $8,000.00
82 265600-1
Parking Lot LED Fixture/Pole/Foundation
Assembly, 25-foot Pole with Foundation,
Installed Complete
EA 10 $3,266.00 $32,660.00 $2,855.00 $28,550.00 $7,309.75 $73,097.50 $4,500.00 $45,000.00 $7,000.00 $70,000.00
83 265600-2
Parking Lot LED Fixture/Pole/Foundation
Assembly, 20-foot Pole with Foundation,
Installed Complete
EA 2 $1,830.00 $3,660.00 $1,600.00 $3,200.00 $7,309.75 $14,619.50 $2,500.00 $5,000.00 $6,000.00 $12,000.00
84 265600-3 Parking Lot Electrical Infrastructure LS 1 $8,351.00 $8,351.00 $7,300.00 $7,300.00 $109,439.32 $109,439.32 $10,000.00 $10,000.00 $100,000.00 $100,000.00
85 328400-1 Irrigation System LS 1 $41,429.00 $41,429.00 $36,215.00 $36,215.00 $39,836.50 $39,836.50 $50,000.00 $50,000.00 $70,000.00 $70,000.00
86 329300-1 Trees & Palms LS 1 $46,654.00 $46,654.00 $40,782.00 $40,782.00 $44,860.20 $44,860.20 $18,000.00 $18,000.00 $25,000.00 $25,000.00
87 329300-2 Shrub Plantings LS 1 $15,721.00 $15,721.00 $13,753.00 $13,753.00 $15,128.30 $15,128.30 $66,000.00 $66,000.00 $15,000.00 $15,000.00
TOTAL - SITE BID ALTERNATE 1
SITE ALT 1 -- Parking Lot Construction -- -- TOTAL $522,013.40 TOTAL $627,738.00 TOTAL $682,466.72 TOTAL $952,750.00 TOTAL $779,500.00
SITE BID ALTERNATE 2
SITE ALT 2 AL-100 Airport Entrance Sign AL 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00
SITE BID ALTERNATE 3
SITE ALT 3 AL-200 FP&L Allowance AL 1 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00 $40,000.00
SITE BID ALTERNATE 4
SITE ALT 4 AL-300 Century Link Fiber Mainline Connection to Termi AL 1 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00
SITE BID ALTERNATE 5
SITE ALT 5 AL-400 New Terminal Miscellaneous Equipment Allowan AL 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00
TOTAL - SITE BID ALTERNATES $762,013 $867,738 $922,467 $1,192,750 $1,019,500
TERMINAL ADD ALTERNATE 1
BLDG ALT 1 Add Porte Cochere as indicated and detailed on the
drawings LS 1 $134,414.00 $79,631.00 $113,199.00 $385,000.00 $93,000.00
TERMINAL ADD ALTERNATE 2 no change in GSF ‐ Exterior Space
BLDG ALT 2 Add North Tower as indicated and detailed on the
drawings LS 1 $228,135.00 $154,344.00 $287,187.00 $228,000.00 $215,000.00
TERMINAL ADD ALTERNATE 3 no change in GSF ‐ Exterior Space
BLDG ALT 3 Add GSC and Conference Room as indicated on the
drawings LS 1 $409,433.00 $286,324.00 $262,055.00 $450,000.00 $364,000.00
TERMINAL ADD ALTERNATE 4 add 1668 GSF of Interior space
BLDG ALT 4 Add Interior Improvements of the second floor of
the North Wing as indicated on the drawings LS 1 $114,022.00 $133,310.00 $75,105.00 $375,000.00 $23,000.00
TERMINAL ADD ALTERNATE 5 no change in GSF ‐ Exterior Space
BLDG ALT 5 Add Terrazzo Flooring in lieu of Porcelain tile as
shown and specified on the drawings LS 1 $63,915.00 $21,662.00 $62,594.00 $125,000.00 $25,000.00
TERMINAL ADD ALTERNATE 6 no change in GSF ‐ Exterior Space
BLDG ALT 6 Furnish and Install all Freestanding Furniture and
Appliances as indicated on the drawings LS 1 $232,696.00 $186,543.00 $222,418.00 $225,000.00 $250,000.00
TERMINAL ADD ALTERNATE 7 (ALTERNATE #7 is NOT APPLICABLE IF ALTERNATE 3 is takno change in GSF ‐ Exterior Space
BLDG ALT 7
Building out GSE without second floor conference
floor and relocating this conference room to suite
219
LS 1 $305,653.00 $97,174.00 $301,166.00 $450,000.00 $300,000.00 est?
add 1200 sf to GFS - NOT APPLICABLE IF ALTERNATE #3 is taken
TOTAL - TERMINAL BUILDING ALTERNATES - Includes ALTERNATES 1-6 - EXCLUDES ALTERNATE 7 $1,182,615 $861,814 $1,022,558 $1,788,000 $970,000
ALTERNATES 1-5 $949,919.00 ALTERNATES 1-5 $675,271.00 ALTERNATES 1-5 $800,140.00 ALTERNATES 1-5 $1,563,000.00
Site 18,153 sf $90.00 $1,633,851 $72.12 $1,309,258 $76.32 $1,385,378 $113.44 $2,059,300 $116.76 $2,119,518
Site Alternate 1 ‐ Parking Lot 18,153 sf $28.76 $522,013 $34.58 $627,738 $37.60 $682,467 $52.48 $952,750 $42.94 $779,500
Site Alternate 2‐5 (Allowances)18,153 sf $13.22 $240,000 $13.22 $240,000 $13.22 $240,000 $13.22 $240,000 $13.22 $240,000
Site Alternate (17‐7149) $100,000 Off‐site Water Main Extension included in base included in base included in base included in base $100,000
SITE TOTAL 18,153 sf $131.98 $2,395,864 $119.92 $2,176,996 $127.13 $2,307,844 $179.15 $3,252,050 $178.43 $3,239,018
Building 16,485 sf $412.72 $6,803,681 $446.94 $7,367,808 $485.12 $7,997,237 $503.24 $8,295,879 $318.47 $5,250,000
Building Alt 1‐6 (Based on Alternate #7 not applicable if Alternate #3 is taken)CONFIRM 18,153 sf $65.15 $1,182,615 $47.48 $861,814 $56.33 $1,022,558 $98.50 $1,788,000 $53.43 $970,000
Alternate #3 adds approx 1164 sf to bldg GSF
BUILDING TOTAL 18,153 sf $439.94 $7,986,296 $453.35 $8,229,622 $496.88 $9,019,795 $555.49 $10,083,879 $342.64 $6,220,000
PROJECT TOTAL A ‐ SITE BASE BID + BUILDING BASE BID 16,989 sf $496.65 $8,437,532 $510.75 $8,677,066 $552.28 $9,382,615 $609.52 $10,355,179 $433.78 $7,369,518
PROJECT TOTAL B ‐ SITE BASE BID + SITE ALT #1 (PARKING LOT) + BUILDING BASE BID 16,989 sf $527.37 $8,959,545 $547.70 $9,304,804 $592.45 $10,065,081 $665.60 $11,307,929 $479.66 $8,149,018
PROJECT TOTAL C ‐ SITE + ALL SITE ALTERNATES + BUIILDING+ALL BLDG ALTERNATES 18,183 sf $570.98 $10,382,160 $572.33 $10,406,618 $622.98 $11,327,639 $733.43 $13,335,929 $520.21 $9,459,018
Base Site/Base Bldg + Site Alts 1‐5, Bldg Alts 1‐4 (ALTERNATE 7 Not applicable based on ALTERNATE 3 being taken) $10,085,549 $10,198,413 $11,042,627 $12,985,929
Base Site/Base Bldg + Site Alts 1‐5, Bldg Alts 1‐5 (ALTERNATE 7 Not applicable based on ALTERNATE 3 being taken) $10,149,464 $10,220,075 $11,105,221 $13,110,929
Base Site/Base Bldg + Site Alts 1‐5, Bldg Alts 1‐6 (ALTERNATE 7 Not applicable based on ALTERNATE 3 being taken) $10,382,160 $10,406,618 $11,327,639 $13,335,929
Base Site/Base Bldg + Site Alts 1‐3, Bldg Alts 4 and 6 $9,396,263 $9,714,657 $10,452,604 $11,997,929 $8,512,018 110.39%
18‐7240 EOC Estimate Total reflects average of 17‐7149 bid
Completed Bid Form (solicitation page 12-24)YYYY
Completed Bid Schedule YYYY
Completed Bid Forms:
Material Manufacturers (solicitation page 14)YYYY
List of Major Subcontractors (solicitation page 15)YYYY
Statement of Experience of Bidder (solicitation page 16 YYYY
Trench Safety Act Acknowledgement (solicitation page 17)YYYY
E-Verify Immigration Law Affidavit Certification (solicitation page 18)YYYY
Solicitations Substitute W-9 (solicitation page 19)YYYY
Bid Bond Form (solicitation page 23)YYYY
Bidders Checklist (solicitation page 24)YYYY
Grant-Required Bid Forms
Certification regarding Debarment YYYY
Acknowledgement of Grant Terms and Conditions YYYY
Insurance and Bonding Requirements (solicitation pages 41 and 42)YYYY
E-Verify Profile Page or MOU YYYY
Copy of Active Registration with Current FL Divisions of Corporations YYYY
Copy of Active General Contractors License with Depart. of Business & Professional Regulatio YYYY
Exhibit N - Contractors Key Personnel Assigned to the Project YY
Acknowledgement - Receipt of Addendum
Addendum #1 YYYY
Addendum #2 YYYY
Addendum #3 YYYY
Addendum #4 YYYY
Strategist: Confirm validity w/FL Divisions of Corporations on-line
Strategist: Confirm validity of GC License w/DPBR on-line
Strategist: Confirm Insurance and Bonding Requirements
Strategist: CONFIRM ALL BID DOCUMENTS COMPLETED AND SIGNED:
Contractor's Office Location:Lantana. FL Bonita Springs Fort Myers Bonita Springs Rockville MD
County:Palm Beach Lee Lee Lee MAIN OFFICE
Opened By: Jim Flanagan
Witnessed by: Swain Hall
14.A.1.d
Packet Pg. 195 Attachment: 18-7240 Bid Tabulation r2 (4496 : 18-7240 MKY Terminal Construction Bid Award)
Marco Island Executive Airport New Terminal & Associated Improvements
COL LIER CO UNTY BID NO. 18-7240
COLLI ER CO UNTY, FLORIDA
Jim Flan agan , Pro cure me nt Stra tegist
Ema il : JimFia naga n@collie rgov .net
T ele ph o ne: (239) 252 -894 6
Design Prof essiona l:
Atkins North America/SchenkeiShultz
-----@~---
f'l(y.aroll'(j (101\U4ilMIO?t\' ~3U [~mo .... frAil l:nM 'Nnp'ftl. ll~ndft J.1 11 2-4001 • Zl!l-~6:1.11107 • WWN tlliWOOY no!'poOOIJtOnlO niJOf\101>6
1
Co nstruction Servi ces Ag ree ment: Re vi se d 06 15201 7
TABLE OF CONTENTS
PUBLIC NOTICE ....................................................................................................................... 3
PART B -INSTRUCTIONS TO BIDDERS ................................................................................. 6
CONSTRUCTION BID .............................................................................................................. 12
Bl D SCHEDULE ....................................................................................................................... 13
MATERIAL MANUFACTURERS .............................................................................................. 14
LIST OF MAJOR SUBCONTRACTORS .................................................................................. 14
STATEMENT OF EXPERIENCE OF BIDDER .......................................................................... 16
TRENCH SAFETY ACT ............................................................................................................ 17
IMMIGRATION LAW AFFIDAVIT CERTIFICATION ................................................................. 18
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W -9 ..................................................... 19
BID BOND ................................................................................................................................ 23
BIDDERS CHECK LIST ........................................................................................................... 24
CONSTRUCTION AGREEMENT .............................................................................................. 25
EXHIBIT A 1: PUBLIC PAYMENT BOND ................................................................................ 32
EXHIBIT A 2: PUBLIC PERFORMANCE BOND ...................................................................... 35
EXHIBIT B : INSURANCE REQUIREMENTS ............................................................................ 38
EXHIBIT C: RELEASE AND AFFIDAVIT FORM ...................................................................... 40
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT ..................................... 43
EXHIBIT E : CHANGE ORDER ................................................................................................. 44
EXHIBIT F : CERTIFICATE OF SUBSTANTIAL COMPLETION ............................................... 45
EXHIBIT G : FINAL PAYMENT CHECKLIST ............................................................................ 47
EXHIBIT H: GENERAL TERMS AND CONDITIONS ................................................................ 48
EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS ...................................................... 75
EXHIBIT J: TECHNICAL SPECIFICATIONS ........................................................................... 76
EXHIBIT K : PERMITS .............................................................................................................. 77
EXHIBIT L : STANDARD DETAILS .......................................................................................... 78
EXHIBIT M : PLANS AND SPECIFICATIONS .......................................................................... 79
EXHIBIT N: CONTRACTOR'S KEY PERSONNEL ASSIGNED TO THE PROJECT ............... 80
2
Construction Services Ag ree ment: Revised 06152017
~
Admlnlsu·atlve Service$ Depm~nen t
PI~XIIrOillo)lll S~~eo (.liVo~l<.ll\
PUBLIC NOTICE
INVITATION TO BID
Marco Island Executive Airport New Terminal & Associated Improvements
COUNTY BID NO. 18-7240
Sealed bids for the construction of Marco Island Executive Airport New Terminal & Assoc iated
Improvements w ill be received electron ica ll y until 2:30 P.M. LOCAL TIME, o n the 21st day of
November on the County's on-line bidding system : www.colliergov.net/bid. All bids will
be publicly opened and read aloud . Any bids received after the time and date specified will not
be accepted and sha ll be returned unopened to the Bidder. The anticipated project budget is:
$$7,500,000.
A mandatory pre-bid conference sha ll be held at the Marco Island Executive Airport
Conference Room, 2005 Mainsail Drive, Naples FL, at 9:00 a.m. LOCAL TIME on the 30th
day of October, at which time all prospective Bidders may have questions answered rega rdin g
the Bidd ing Documen ts for th is Project.
[In Instances where the Owner has deemed the pre-bid to be Mandatory, the Bidder's
failure to attend the pre-bid conference shall result In the reJection of Its bid.]
Bids shall be received on lin e by the Bid Date of November 21 , 2017. No bid sha ll be
considered unless it is made on unal tered Bid forms w hich are included in the Bidding
Documents. One contract will be awarded for all Work. Bidding Documents may be e xamined
on the Colli er Cou nty Procurement Services Division On lin e Bidding System websit e:
www.colli e rgov.net/bid. Copi es of the Bidding Documents may be obtained on ly from the
denoted website . Bidding Documents obtained from sources other than the Coll ier County
Procurement Services Division website may not be accurate or current.
Eac h bid sha ll be accompanied by a certified or cashier's check or a Bid Bond in an amount not
less th an f iv e percent (5%) of the total Bid t o be retai ned as liqu id ated damages in the event the
Successful Bidder fails to execute the Agreemen t and file t he required bonds and i nsurance
wi thin ten (1 0) calendar days after the receipt of the Noti ce of Award . The Su ccessful Bidder
acknowledges and ag rees that it shall execute the Agreement in the fo rm attached hereto and
incorporated herein .
The S uccessful Bidde r shall be re quired to furnish the necessary Payme nt and Performance
Bonds, as prescribed in the Genera l Conditions of the Contract Documents . A ll Bid Bonds,
Payment and Performance Bonds, Insurance Contracts and Certi ficates of Insurance shall be
either executed by or cou ntersigned by a li censed resident agent of the surety o r in surance
company having its place of business in the State of Florid a. Further, the said su rety or
insurance compa ny shall be duly li censed and qualified to do business in the State of Florida .
Attorneys-in -fact that sign Bid Bonds or Payme nt and Performance Bonds must file with each
bond a certified and effective dated copy of their Power of Attorney.
In order to perform public wo rk, the Successfu l Bidder sha ll, as appl i cable, hold or obtai n such
co ntractor's and bus in ess li censes, certifica tions and registrations as required by State statu tes
and County ordi nances .
3
Constru cti on Services Ag ree ment: Revised 06152017
Before a contract will be awarded for the Work contemplated herein , the Owner shall conduct
such investigations as it deems necessary to determine the performance record and ability of
the apparent low Bidder to perform the size and type of work specified in the Bidding
Documents. Upon request , the Bidder shall submit such information as deemed necessary by
the Owner to evaluate the Bidder's qualifications.
The Successful Bidder shall be required to fin ally complete all Work within Three Hundred
Sixty-Five (365) calendar days from and after the Commencement Date specified in the Notice
to Proceed .
The Owner reserves the right to reject all Bids or any Bid not conforming to the intent and
purpose of the Bidding Documents, and to postpone the award .of the contract for a period of
time which , however, shall not extend beyond one hundred twenty (120) days from the bid
opening date without the consent of the Successful Bidder.
Dated this 19th day of October, 2017.
BOA RD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY : /s/ Edward F. Cayman , Jr.
Director, Procurement Services Division
4
Construction Services Agreement: Revi se d 06 152017
PART B ·INSTRUCTIONS TO BIDDERS
Section 1. Definitions
1.1 The term "Owner'' used herein refers to the Board of County Commissioners, or its duly
authorized representative .
1.2 The term "Project Manager" used herein refers to the Owner's duly authorized
representative and shall mean the Division Administrator or Department Director, as applicable,
act ing directly or through duly authorized representatives.
1.3 The term "Design Professional" refers to the licensed professional engineer or architect
who is in privity with the Owner for the purpose of designing and/or monitoring the construction
of the project. At the Owner's discretion, any or all duties of the Design Professional referenced
in the Contract Documents may be assumed at any time by the Project Manager on behalf of
the Owner. Conversely, at the Owner's discretion the Project Manager may formally assign any
of his/her duties specified in the Contract Documents to the Design Professional.
1.4 The term "Bidder" used here in means one who submits a bid directly to the Owner in
response to this solicitation .
1.5 The term "Successful Bidder" means the lowest, qualified, responsible and responsive
Bidder who is awarded the contr act by the Board of County Commissioners, on the basis of the
Owner's evaluation.
1 .6 The term "Bidd ing Documents" includes the Legal Advertisement , these Instructions to
Bidders , the Bid Schedule and the Contract Documents as defined in the Agreement.
1.7 The term "Bid" shall mean a completed Bid Schedule, bound in the Bidding Documents,
properly signed, providing the Owner a proposed cost for providing the services required in the
Bidding Documents.
Section 2. Preparation of Bids
2 .1 The Bids must be submitted on the standard form herein furnished by the Owner (pages
15 -29 as bound in these Bidding Documents). By submitting a Bid , Bidder acknowledges and
agrees that it shall execute the Agreement in the form attached hereto and incorporated herein .
The Bidder shall complete the Bid and shall sign the Bid correctly. The Bid may be rejected if it
contains any omission , alteration of form , conditional bid or irregularities of any kind . Bids must
be submitted on www.collierqov.net/bid
Section 3. Bid Deposit Requirements
3.1 No Bid shall be considered or accepted unless at the time of Bid filing the same shall be
accompanied by a cashier's check, a cash bond posted with the County Clerk, a certified check
payable to Owner on some bank or trust company located in the State of Florida insured by the
Federal Deposit Insurance Corporation, or Bid Bond, in an amount not less than 5% of the
bidder's maximum possible award (base bid plus all add alternates) (collectively referred to
herein as the "Bid Deposit"). The Bid Deposit shall be retained by Owner as liquidated damages
If the Successful Bidder fails to execute and deliver to Owner the unaltered Agreement, or fails
to deliver the required Performance and Payment Bonds or Certificates of Insurance , all within
ten (1 0) calendar days after receipt of the Notice of Award . Bid Bonds shall be executed by a
corporate surety licensed under the laws of the State of Florida to execute such bonds, with
5
Constructi on Se rv ices Agreement: Revi se d 0615201 7
conditions that the surety will, upon demand, forthwith make payment to Owner upon sa id bond .
Bid Deposits of the three (3) lowest Bidders shall be held until the Agreement has been
executed by the Successfu l Bidder and same has been delivered to Owner together with the
required bonds and insurance, after which all three (3) Bid Deposits shall be returned to the
respective Bidders. All other Bid Deposits shall be released within ten (1 0) working days of the
Bid Opening . No Bid including alternates, shall be withdrawn within one hundred and twenty
(120) days after the publ ic opening thereof. If a Bid is not accepted w ithin said time period it
shall be deemed rejected and the Bid Deposit shall be returned to Bidder. In the event that the
Owner awards the contract prior to the expiration of the one hundred twenty (120) day period
without selecting any or all alternates, the Owner shall retain the right to subsequently award to
the Successful Bidder said alternates at a later time but no later than one hundred twenty (120)
days from opening, unless otherwise agreed by the Procurement Director and the Successful
Bidder.
3.2 The Successful Bidder shall execute two (2) copies of the Agreement in the form
attached and deliver same to Owner within the time period noted above . The Owner shall
execute all copies and return one fully executed copy of the Agreement to Successful Bidder
within thirty (30) working days after receipt of the executed Agreement from Successful Bidder
unless any governmental agency having funding control over the Project requires additional
time , in which event the Owner shall have such additional time to e xecute the Agreement as
may be reasonably necessary.
Section 4. Right to Reiect Bids
4.1 The Owner reserves the right to reject any and all Bids or to waive Informalities and
negotiate w ith the apparent lowest, qualified Bidder to such extent as may be necessary for
budgetary reasons .
Section 5. Signing of Bids
5 .1 Bids submitted by a corporation must be executed in the corporate name by the
president, a vice president, or duly authorized representative . The corporate address and state
of incorporation must be shown belcw the signature .
5 .2 Bids by a partnership must be executed in the partnership name and signed by a
general partner whose title must appear under the signature and the official address of the
partnership must be shown below said signature .
5 .3 If Bidder is an individual , his or her signature shall be inscribed .
5.4 If signature is by an agent or other than an officer of corporation or general partner of
partnership, a properly notarized power of attorney must be submitted with the Bid .
5 .5 All Bids shall have names typed or printed below all signatures.
5.6 All Bids shall state the Bidder's contractor license number.
5 .7 Failure to follow the provisions of this section shall be grounds for rejecting the Bid as
irregular or unauthorized .
6
Constru cti on Services Agreemen t: Re vised 06 1520 17
Section 6. Withdrawal of Bids
Any Bid may be withdrawn at any time prior to the hour fixed in the Legal Advertisement for the
opening of Bids, provided that the withdrawal is requested in writing, properly executed by the
Bidder and received by Owner prior to Bid Opening. The withdrawa l of a Bid will not prejudice
the right of a Bidder to fi le a new Bid prior to the time specified for Bid opening .
Section 7. Late Bids
No Bid shall be accepted that fails to be submitted prior to the time specified in the Legal
Advertisement.
Section 8. Interpretation of Contract Documents
8 .1 No interpretation of the meaning of the plans, specifications or other Bidding Documents
shall be made to a Bidder orally. Any such oral or other interpretations or clarifications shall be
without legal effect. All requests for interpretations or clarifications shall be in writing and
addressed on the County's Online Bidding System to be given consideration. All such requests
for interpretations or clarification must be received as directed in the On line Bidd ing System
instructions and prior to the Bid opening date . Any and all such interpretations and
supplementa l instructions shall be in the form of written addendum which, if issued via the
Online Bidding System at their respective email addresses furnished for such purposes no later
than three (3) working days prior to the date fixed for the opening of Bids . Such written
addenda shal be binding on Bidder and shall become a part of the Bidding Documents.
8 .2 It shall be the responsibility of each Bidder to ascertain, prior to submitting its Bid, that it
has received all addenda issued and it shall acknowledge same in its Bid .
8 .3 As noted In the Legal Advertisement, attendance by all bidders at the Pre-Bid
Conference is mandatorynon-mandatory. In Instances where the Owner has deemed the
pre-bid to be mandatory, the Bidder's failure to attend the pre-bid conference shall result
in the re!ectlon of his bid.
Section 9. Examination of Site and Contract Documents
9 .1 By executing and submitting its Bid, each Bidder certifies that it has:
a. Examined all Bidd in g Documents thoroughly;
b . Visited the site to become familiar with loca l conditions that may in any manner affect
performance of the Work;
c. Become familiar with all federal, state and local laws, ordinances, ru les , and regulations
affecting performance of the Work ; and
d . Correlated all of it s observations with the requirements of the Bidding documents.
No p lea of ignorance of conditions or difficulties that may exist or conditions or difficulties that
may be encountered in the execution of the Work pursuant to these Bidding Documen ts as a
result of failure to make the necessary examinations and investigations shall be accepted as an
excuse for any failure or omission on the part of the Successful Bidder, nor shall they be
accepted as a basis for any claims whatsoever for extra compensation or for an extension of
time .
7
Constru cti on SeN ices Ag reement: Revise d 06 152017
9 .2 The Owner will make copies of surveys and reports performed in conjunction with this
Project available to any Bidder requesting them at cost; provided, however, the Owner does not
warrant or represent to any Bidder either the completeness or accuracy of any such surveys
and reports . Before submitting its Bid, each Bidder shall, at its own expense, make such
additional surveys and investigations as may be necessary to determine its Bid price for the
performance of the Work within the terms of the Bidding Documents. This provision shall be
subject to Section 2 .3 of the General Conditions to the Agreement.
Section 10. Material Requirements
It is the intention of these Bidding Documents to identify standard materials. When space is
provided on the Bid Schedule, Bidders shall specify the materials which they propose to use in
the Project. The Owner may declare any Bid non-responsive or irregular if such materials are
not specifically named by Bidder.
Section 11. Bid quantities
11 .1 Quantities given in the Bid Schedule, while estimated from the best information
available , are approximate only. Payment for unit price items shall be based on the actual
number of units installed for the Work. Bids shall be compared on the basis of number of units
stated in the Bid Schedule as set forth in the Bidding Documents. Said unit prices shall be
multiplied by the bid quantities for the total Bid price . Any Bid not conforming to this requirement
may be rejected . Special attention to all Bidders is called to this provision , because if conditions
make it necessary or prudent to revise the unit quantities, the unit prices will be fixed for such
increased or decreased quantities. Compensation for such additive or subtractive changes in
the quantities shall be limited to the unit prices in the Bid. Subsequent to the issuance of a
notice to proceed, the Project Manager and the Successful Bidder shall have the discretion to
re-negotiate any unit price(s) where the actual quantity varies by more than twenty-five percent
(25%) from the estimate at the time of bid.
11 .2 Alternate Bid Pricing: In the event that alternate pricing is requested, it is an expressed
requirement of the bid invitation to provide pricing for all alternates as listed . The omission of a
response or a no-bid or lack of a submitted price may be the basis for the rejection of the
submitted bid response .
Section 12. Award of Contract
12.1 Any prospective bidder who desires to protest any aspect(s) or provision(s) of the bid
invitation (including the form of the bid documents or bid procedures) shall file their protest with
the Procurement Director prior to the time of the bid opening strictly in accordance with Owner's
then current procurement ordinance and policies.
12.2 Statement of Award: The Award of Contract shall be issued to the lowest, responsive
and responsible Bidder determined by the base bid, and any, or all , selected alternates, and the
Owner's investigations of the Bidder. In determining the lowest, responsive and responsible
bidder, the Owner shall consider the capability of the Bidder to perform the contract in a timely
and responsible manner. When the contract is awarded by Owner, such award shall be
evid enced by a written Notice of Award, signed by a Procurement professional of the Owner's
Procurement Services Division or his or her designee and delivered to the intended awardee or
mailed to awardee at the business address shown in the Bid .
12.3 Award recommendations will be posted on the Procurement Services Division Web Site.
Award of Contract will be made by the Board of County Commissioners in public session. Any
8
Con stru ction Service s Agree men t: Revised 06 152017
actual or prospective bidder who desires to formally protest the recommended contract award
must file a notice of intent to protest with the Procurement Director within two (2) calendar days
(excluding weekends and holidays) of the date that the recommended award is posted. Upon
filing of said notice, the protesting party will have five (5) days to file a formal protest, said
protest to strictly comply with Owner's then current procurement ordinance and policies. A copy
of the procurement ordinance is available at:
http://www.colliergov.net/lndex.aspx?page=762
12.4 For Bidders who may wish to receive copies of Bids after the B id opening, The Owner
reserves the right to recover all costs associated with the printing and distribution of such
copies.
12.5 Certificate of Authority to Conduct Business In the State of Florida (FL Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.org/search .html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified . Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award . If
the firm cannot provide the document within the referenced timeframe, the County reserves the
right to award to another firm .
Section 13. Sales Tax
13.1 The Successful Bidde r acknowledges and agrees that Owner may utilize a sales tax
savings program and the Successful Bidder agrees to fully comply, at no additional cost to
Owner, with such sales tax savings program implemented by the Owner as set forth in the
Agreement and in accordance with Owner's policies and procedures.
Section 14. Exclusion of County Permits In Bid Prices
14.1 To ensure compliance with Section 218.80, F.S., otherwise known as "The Public Bid
Disclosure Act", Collier County will pay the Contractor for all Collier County pe rmits and fees
applicable to the Project, including l icense fees, permit fees, impact fees or inspection fees
applicable to this Work through an internal budget transfer(s). Hence, bidders shall not include
these permit/fee amounts in their bid offer. However, the Successful Bidder shall retain the
responsibility to initiate and complete all necessary and appropriate actions to obtain the
required permits other than payment for the items identified in this section . Owner will not be
obligated to pay for any permits obtained by Subcontractors.
14.2 The Successful Bidder shall be responsible for procuring and paying for all necessary
permits not issued by Collier County pursuant to the prosecution of the work.
Section 15. Use of Subcontractors
15.1 To ensure the Work contemplated by the Contract Documents is performed in a
professional and timely manner, all Subcontractors performing any portion of the work on this
Project shall be "qualified" as defined in Collier County Ordinance 2017-08, as amended,
meaning a person or entity that has the capabil~y in all respects to perform fully the Agreement
9
Constructi on Services Agreement: Revise d 06 152017
requ irements and has the integrity and reliability to assure good faith performance. A
Subcontractor's disqualification from bidding by the Owner, or other public contracting entity
within the past twelve months shall be considered by the Owner when determining whether the
Subcontractors are "qualified ."
15.2 The Owner may consider the past performance and capabiltty of a Subcontractor when
evaluating the ability, capacity and skill of the Bidder and its abiltty to perform the Agreement
within the time required. Owner reserves the right to disqualify a Bidder who includes
Subcontractors in its bid offer which are not "qualified" or who do not meet the legal
requirements applicable to and necessitated by this Agreement.
15.3 The Owner may reject all bids proposing the use of any subcontractors who have been
d isqualified from submitting bids to the Owner, disqualified or de-certified for bidding purposes
by any public contracting entity, or who has exhibited an inability to perform through any other
means.
15.4 Notwithstanding anything in the Contract Documents to the contrary, the Bidder shall
identify the subcontractor(s) it intends to use for the categories of work as set forth in the List of
Subcontracts attached hereto, said list to be submitted with its bid . Bidders acknowledge and
agree that the subcontractors identified on the list is not a complete list of the subcontractors to
be used on the Project, but rather only the major subcontractors for each category of Work as
established by Owner. Bidders further acknowledge that once there is an Awa rd of Contract,
the Successful Bidder shall identify, subject to Owner's review and approval , all the
subcontractors it intends to use on the Project. Once approved by Owner, no subcontractor
shall be removed or replaced without Owner's prior written approval.
Section 16. Prohibition of Gifts
No organization or individual shall offer or give, either directly or Indirectly, any favor, gift, loan ,
fee , service or other item of value to any County employee , as set forth in Chapter 112, Part Ill,
Florida Statutes , Collier County Ethics Ordinan ce No . 2003-53, as amended, and County
Administrative Procedure 5311 . Violation of this provision may result in one or more of the
following consequences: a . Prohibition by the individual, firm, and/or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibttion by th e individual
and/or firm from doing business with the County fo r a specified period of time , including but not
limited to: submitting bids , RFP , and/or quotes ; and, c. immediate termination of any contract
held by the individual and/or fi rm for cause.
Section 17. Lobbying
All firms are hereby placed on NOTICE that the Board of County Commissioners does
not wish to be lobbied, either individually or collectively about a project for which a firm
has submitted a response. Firms and their agents are not to contact members of the County
Commission for such purposes as meeting or introduction, lun cheons , dinners, etc. During the
process, from solicitation closing to final Board approval, no firm or their agent shall contact any
othe r employee of Collier County in reference to this solicitation , or the vendor's response, with
the exception of the Procurement Director or his designee(s). Failure to abide by this provision
may serve as grounds for disqualification for award of this contract to the firm .
Section 18. Public Entity Crimes
By its submitting a Bid, Bidder acknowledges and agrees to and represents it is in compliance
with the terms of Section 287 .133(2)(a) of the Florida Statutes which read as follows:
10
Constru ction Services Agreement: Revised 06152017
"A person or affiliate who has been placed on the convicte d vendor list
following a conviction for a public entity crime may not submit a bid ,
proposal, or reply on a contract to provide any goods or services to a
pub li c entity; may not submit a bid, proposal, or reply on a contract with a
public entity for the construction or repair of a public building or public
work ; may not submit bids , proposals, or replies on leases of real property
to a public entity'; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consu ltant under a contract with any public
entity; and may not transact business with any public entity in excess of
the threshold amount provided in s. 287.017 for CATEGORY nNO for a
period of 36 months from the date of being placed on the convicted vendor
list."
11
Constru ction Services Ag reement: Revi se d 06152017
CONSTRUCTION BID
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Marco Island Executive Airport New Terminal & Associated Improvements
BID NO . 18·7240
Full Name of Bidder West Construct ion, lnc.
Main Business Address 820 North 4th Street, Lantfma, FL 33462
Place of Buslness.:...L.:...a_nt_a_na...:..'.:...F_L __________________ _
Telephon e No . _5_6_1-_58_8_-2_0_2_7 _______ Fax N o. 561·582-9419
Sta te Contractor's License# CGCI516626 I CBC057038
State of Florida Certificate of Au th ority Document Number....;;.5...;..5..;..54 __ 8;..;7 _____ _
Federal Tax Id entification Numbe r 59-1809068 --------------------
DUNS# 06-9 16-3897 CCR# _N_IA ____ Cage Code _3_V_3V_l __ _
To: BOARD OF COUNTY COMM ISSIONERS OF COLLIER COUNTY, FLO RIDA
(hereinafter ca lled the Owner)
The undersigned, as Bidder declares that the only person or parti es Interested In this Bid as
principals are those named herein, that thi s Bid Is submitted without collusion with any other
person, firm or corporation; that it has carefully examined the location of th e proposed Work, the
proposed form of Agreemen t and all other Contract Documents and Bonds, and the Contract
Drawings and Specifications.
Bidder proposes, and agrees If this Bid is accepted, Bidder will execute the Agreement included
in the Bidding Documents, to provide all n ecessary machinery, tools, apparatus and other
means of constru cti on, Including utility and transportation services necessary to do ail the Worl<,
and furnish all the materials and equipment specified or referred to in th e Contract Documents
In th e manner and time herein prescribed and according to the requirements of the Owner as
therein set forth, furnish U1e Contractor's Bonds and Insurance specified in the General
Conditi ons of the Contract, and to do all other th ings required of the Contractor by the Cont ract
Documents, and that it will tal<e full paymen t the sums set forth in the following Bid Schedule:
Unit prices shall be provided In no more than two decimal points, and In the case where
further decimal points are Inadvertently provided, rounding to two decimal points will be
conducted by Procurement Services Division staff.
12
Constru ction Services Agreement: Revised 06162017
Detail by Entity Name
De ta il by Entity Na me
Florida Profit Corporation
WEST CONSTRUCTION, INC.
Elling Information
Document Nu m ber
FEIIEIN Number
Dat e Flied
St at e
Statu s
Last Ev ent
Event Da t e Flied
Principal Addresn
820 NORTH 4TH STREET
LANTANA , FL 33462-1710
Changed : 05101/2017
Mallin•• Addreu
820 NORTH 4TH STREET
LANTANA, FL 33462·1710
Changed : 05101/2017
555487
59·1809068
12/16/1977
FL
ACT IVE
RE INSTATEMENT
12/3011983
R!lg!storod Ago11t Name & Ad(!rgss
MORGAN, MARTHA A
820 NORTH 4TH STREET
LANTANA , FL 33462-1710
Name Changed : 04/23/1993
Address Changed: 05/01/2017
Qfflcor/Director Qotall
Name & Add ress
Ti tl eVP
WEST, DONNIE E
820 NORTH 4TH STREET
LANTANA , FL 33462
Title PTD
Page I of2
VI /j,I!,J• I'Jf
r -~ 1.) r J :) CJ r~.A'J' JtJl r :;
http://sea rch .su nbiz.org/T nqu ir y/Corpora ti onScarc h/Sea l'chRes ul tDeta i I ?i nqu iry type=Entity... 1/9/20 18
Detai l by Entity Name
MORGAN, MARTHA A
820 NORTH 4TH STREET
LANTANA, FL 33462
Title SEC/VP
WEST, MATTHEWF
820 NORTH 4TH STREET
LANTANA, FL 33462
Annua l Reports
Report Yea r
2016
2016
2017
Document lrn aqes
Flie d Date
01/26/2016
02/22/2016
01/06 /201 7
O!i/QJ/2017 --ROll Aanot Chango I V!ow unage hl PDF 101ma1
O!IQfi/ZQ IZ .. 1\NN\J/\L RI;CQ.BI I Viow lmugo h1 PDF form~!
J)2fl2/20112 •· AMENQEO ANNUAL f<EPOBI L Vlmv hrmga In PDF format
Ofl2ll/2011J -ANNUAL REPQBI
0 110712015 -ANNUAL RCPO BJ
01121120).1 -ANNUAL REPORT
01/0:J/2013 ··ANNUAL I~EPOB f
0110:?12012 --1\NNUA\...BEe.Q!ll
!!l1Q7@11 -1\Ntru&...f!E.e.QBI
lllL~.Il~.illiti\JAl HF.f!..Qfil
~01)9 -ANNUAL REPORT
0 1/0512096-ANNUAL BE PORT
QJ(lt'l/2007 -ANNUAL RCPQBT
0111!112006-ANNUAl BtPOfH
0 1!!!412005 •· ANNUAl. JH· PQHT
Q.JLJ).?J.6.QU1 •• ANtl\lAI.Jll;e.QB!
0 1/QllliiOQ:l ·· ANNUAL I3.Gr.lllii
0 112112002 -ANNUAL BCP.QBI
ll.JL1Ql2Ql)1 .. ANN\11\L ill.e.QBI
02/2-1/2000 .. ANNUAL RCPOAT
0311 211!19!1-ANNUAL BEPORT
02/16/1998 -ANNUAL 13LPOBI
ffil/i l/1997 --ANNUI\I...L~..Qlll
!11£Q.:lflll!~i':I!Uil. .• (q;e.QLU
0111911995 -8NNUA~eQ.BI
Vlow lmngo in f>nr formol
View Imago in PDF format
Vi!JW ~nagc In PI)F lo1mo1
VIINI iln11go In PDF forrnel
V1ow lmtluo In PDF fonnat
VlOW Jn1l!OD "' PDF fOIJUAI
VI&IY ""1100 "' PDF formnl
VJDW unooo "' PDF forrnnl
Vu>w ""000 111 PDF forrno\
V1ew una~a 111 PDF form at
V•ew •mSIJU 111 PDF f01 rn a1
View lmugo In PDF formal
Vlow lmogo In i>OF formal
Vlcm lmngo In PDF lormnl
Vlaw lmng" In l'llF formal
Vi<IIY lmllgtl In PDF lom101
Viuw lrn 8{itlln PDF fonnul
V1ew Image In PDF fom•a1
V1ew Imago In PDF fom•a l
V ICW Imago In PDF formol
Vmw omaoo 1n POl' fonnat
http://sca rch.s unb iz.o rg/Inquiry /Co rporat ionSearch/SearchRc sul tDeta il ?inqu iryty pe=Entity ...
Page 2 of2
1/9/201 8
LICENSES M DEPARTMENT OF BUSINESS 8, PROFESSIONAL REGULATION
ntCI< SCO'rT, GOVERNOR I<EN LAWSON, SECRETARY
STATE OF FLORIDA
DEPARTMENT OF 13USINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
rf!.(ijlijljll!ft.!!!S!~
CBCOG7038
Tho BUILDING CONTRACTOR
Nl1mod bolow IS CERTIFIED
Undor the provisions of Chaptor 460 FS.
Explrollon date: AUG 31, 2010
MORGAN,MARTHAANN
WEST CONSTRUCTION IN 6
310 SOUTH DIXIE HWY, I .
sum~ 4-6 ·
LAI<E WORTH F,L 334130
.,
l
ISSUED: 07121fJ.OIO
niCI< SCOn, GOVERNOH
DISPLAY AS REQUIRED BY LAW SEQ IJ L160721 0001064
I<EN LAWSON, SECRE1'A RY
STATE OP FLORIDA
DEPARTMENr OF BUSINESS AND PROFESSIONA L Rt:OULAT ION
CONSTRUCTION INDUSTRY LICENSING BOARD
rU.!Q!fi91!millij!,
CGCI6166~6
Tha GENERAL CONTRACTOR
Named holow IS CERTIFIEO
Under the provisions of Chuptor 400 FS.
Expiration date: AUG 31,2010
WEST, MATTHEW FIELDEN
WEST CONSTRUCTION INQ
310 8 DIXIE HWY :
STG ~·G '
LAI<E WORTH 1'1:03400
I 'I •
J '
ISSUI!D: 00/lb/20 10 I H
-------~~~~~
S~O II LI GOO 10000?.300
-------------MARCO ISLAND EXECUTIVE AIRPORT (MKY) NEW TERM INAL & SITE AMEN ITIES f SOLICITATION NO. 18 -72 40
BOARD OF COUNTY COMMISSIONAERS, COLLIER COUNTY
BID SCHEDULE
Marco Island Executive Airport New Terminal & Associated
Improvements Bid No. 18-7240
"Also attached hereto, following this page"
13
Construction SeNices Agreement: Revi sed 06 152017
Pro)oct No: 18-7240
Project Tille: MARCO ISLAN D EXECUTIVE A IRPORT
NEW TER MI NAL FAC ILITY AND ASSOCIATED IMPROVEMENTS
BID TABULATION
0110: 11121/2017 BI DDE R: Wt'lit Con~lruclil)n
.wJUiQ Jm1 Qli§!;<BI~IIQtl QE lt!:QBIS lllili ~ l,!tfiTPRICg IQI61.!;<Q§I
SITE BASE BID
1 M·110·1 Mobilization LS 1 $452,000.00 $452.000.00
2 M-110·2 Safoty, SocurHy, ond Traffic; Control DAY 365 $66.00 525,000.00
3 M·110·3 SPCO LS 1 $10,000.00 $10,000.00
4 .. Now Terminal Building • Sno Old .. .. .. SEE BELOW
5 P·120·1 Romove Existing Wolor Main LF 1,250 $15.45 $19,312 50
6 P-120·2 Remove Exlsl lrog 12·1nch Effl uent Moln LF 460 $21.46 $10,300.60
7 P·120·3 Remove Exis ting Forco Main LF 420 $20.11 $6,446 .20
6 P-120-4 Abandon and GrolA Exis ting 12·1nch Effluont Main LF 1,260 $2877 $36,250.20
9 P·120·5 Abandon and Grout Exis ting Forca Main LF 370 $9.26 $3,426.20
10 P-120-S Miscellaneous Demoll\ion LS 1 $2,967.00 $2,987.00
11 P·125·1 Asph<llt Mlllng, 2·1nch Nomina l Oapth SY 100 $6,45 $645.00
12 P-125·2 Mis cellaneous Concrote Pavement Removal sv 50 $9.00 $450.00
13 P·125·3 FIJI Depth Asph811 Povomont Removal SY 3,100 $6.75 $20,925.00
14 P-151·1 Clearing and Grubbing SY 14,500 $1 .00 $14,500.00
15 P·151·2 Fanes Rarnovol LF 1,600 $4.60 $7,680.00
16 P-152·1 Embankment In Placo CY 370 $14.10 $5,217.00
17 P·162·2 Borrow Excavation (Soloc t Motorial Olfslte) CY 10,500 $11.50 $120,750.00
18 P-162·3 Muck Unsuitable Excavation CY 2,000 $15.00 $30,000.00
19 P-152·4 Subgrado Compaction, 8·1nch Doplh (95% Comp SY 3,900 $3.50 $13,65000
20 P-156·1 Temporary Pollution, ErosiOI\ and Sollation Contra LS 1 $28,405.00 $26,405.00
21 D-701·1 18" Rolrlorced Concrela Pipa, Class Ill LF 330 $93.64 $30,901 ,20
22 0 -701-2 24" Rolrlorced Concreto Pipa, Class Ill LF 330 $124.65 $41 ,200.50
23 D-701·3 30" Reinforced Concreto Plpa, Class Ill LF 55 $159.16 $8,754.90
24 0 -751·1 FOOT Typo 6 Monholo EA 2 $4,944.00 $9,088.00
25 D·761 ·2 FOOT Typa G Ditch Bollom Inlet EA 6 $2,626.00 $15,756.00
26 D·762·1 FOOT 30-lnch Mitered End Section EA 1 $2,575.00 $2.67500
27 F-1 62·1 7·foot Hig h Chaln·Link Fence with Batbed W~e LF 300 $39.60 $11,98000
26 T-904-1 Sodding SY 13,400 $2 .52 $33,706.00
29 FDOT-160·1 Sul>Ot&de Stabilization, 12-lnch Depth ( 1 00% Con SY 3,900 $5.00 $19,500.00
30 FOOT-265·1 FOOT Index No, 61 4, Optional Base Group 5 SY 3,900 $18,43 $64,077.00
31 FOOT-334·1 Suporpeve Aaphtllllc Concrete TON 900 $118.00 $108,200.00
32 FOOT-711·1 Thermoplastic Tralflc Stripes SF 120 $16.00 $1,92000
33 260500·1 FPL Bypass ror Existing Terminal LS 1 $13,000.00 $13,00000
34 260500·2 CommLrlication Bypass for Existing Terminal LS 1 $16,000.00 $16,00000
35 331100·1 Temporary Util~les LS 1 $15,000.00 $15,000.00
36 331100·2 Conneot To Existing MIU Main Wtth Volvo EA 1 $6,650.00 $8,650.00
37 331100·3 Relocate MIU B·lnch BFP/ Mosier Motor Assomb EA 1 $6,253.00 $8,263.00
38 331100.4 2·1nch PVC Pope, Water Man (Incl . Flttingt) LF 790 $17.51 $13.632.90
39 331 100·5 1-lnch HOPE Pipe, Wator Main (I net . Fl l tirQS) LF 170 $17.51 $2,976.70
40 331100-S 6-lnch PVC Pipe, Fire Main (Incl. Fillings) LF 50 $49.44 $2,472.00
41 331100-7 6-lnch PVC Pipe, Flro Main (lncl Fillings) LF 630 $52.32 $32,961,60
42 331100·6 Hycrant Assombllos with 6·1nch Connac tlrog Plpfnl EA 2 $5,150.00 $10,300.00
43 331100·9 6·1nch Gate Valves & Box EA 3 $2.080.00 $6,180.00
44 331100·10 6·1nch PVC Pipe, Olf·s~e Water Main Extension ( LS 1 $128,000.00 $128,000.00
45 333216·1 Package 2-HP Lift Station And Control Panel EA 1 $56,650.00 $56,85000
46 333218·2 Eloctrleal Power And Breaker Box LS 1 $10,500.00 $10,500.00
47 333400·1 Wolor Moln Demolition And Temp orary Sorvloo B LS 1 $12,650.00 $1 2,850.00
48 333400·2 12-lnch PVC Plpo, Effluent Moln (Incl. Fittings) LF 700 $77.25 $54,07 5.00
49 333400·3 12-lnch Gato Valvo & Boxe1 (Incl. S!Udowns) (E EA 2 $4,120.00 $8,240.00
Project No: 18·7240
Project Title: MARCO ISLAND EXECUTIVE AIRPORT
N EW TERMINAL FACILITY AND ASSOCIATED IMPROVEM ENTS
BID TABULATION
Ooto: 11/21/2017 BI DDER: Wrst Construction
illlU:IQ Jm1 121iS!OBieD2t:l2E ~BIS YW ~ Ut:liieB I!O!i IQI81.!02SI
50 33340<M Force Main Demolition And Temporert Servk:e B LS t $10,680.00 $10,880 .00
51 333<100·5 Come<: I To Existing MIU Force Main with Va lva EA t $1,030.00 $1,030.00
52 333<100-6 2·1nch PVC Ptpo, Force Main (Ind. Ftlllr'QS) LF 320 $20.00 $6,592 .00
53 333<100 -7 2·1nch HOPE Pipe, Force Mllin (lncl Fltllnga) LF 690 $20.60 $14,21 4.00
54 333400·8 Precas t ColiC( et a Sanllary ManhOle EA 3 $4,944.00 $14,832 00
55 333400-9 B·l nch PVC Gravi ty Sewer LF 240 $77.25 $16,540 .00
56 333<100·10 G-l nch PVC Lotoral LF 170 $61.00 $10,506 .00
57 333<100·1 1 lsolalloNCheck ValV a Vaull EA I $4 50.00 $450.00
58 333400·12 Comect To Existing Civil A'r Patrol LWI Station EA 1 $4,000.00 $4,000 .00
TOTAL· SITE BASE BI D $1,633,860.70
4 NEW TER MINAL BUILDING BASE BID
10 GE NERAL CONDITIONS, INSURANCES, & OH&P #REF/ $979,944
30 CONCRETE IIREFI $691,749
40 MASONRY #REF/ $100,300
5.0 METALS #REF/ $698,569
8.0 CARPENTRY, MILLW ORK, CABINETR Y & WAL L PANELS #REF/ $227,173
7.1 THERMAL AND MOISTU RE PROTECTION #REF/ $58,132
7.2 ROOF IN G, FLASHING & SHEET METAL IIREFI $329.200
8.1 DOORS, FRAMES & HARDWARE IIREFI $74,740
82 STOREFRONT, CURTAIN WALL, WINDOWS, GLASS & GLAZING IIREFI $384,430
91 DRYWALL, STUCCO & EXTERIOR FINISH SYSTEMS IIREFI $416,653
92 TILE ANO FLOOR ING #REF/ $246,999
9.3 ACOUSTICAL CE ILINGS #REF I $36,516
9.4 PAINTING #REF/ $78,755
100 SPEC IAL TIES IIREF/ $94,728
11 .1 APPLIANCES II VALUE/ Inc I
11 .2 SUN CONTROL DEVI CES IIREF/ $20,450
12.0 WINDOW TREATMENTS IIREFI $0
14.0 CONVEY ING SYSTEMS #REF/ $82,416
15.1 FIRE SPRINKLERS IIREFJ $58,875
15.2 PLUMBING IIREF/ $1 56,400
16.3 HVAC IIREFI $885,000
16.1 ELECTRICA L, FIRE ALARM, TEUDATA, & SECURITY IIREFI $1,40 1,150
18.2 LIGHTNING PROTEC TI ON #REF/ $17,300
liRE!' I
TOTAL· NEW TERMINAL BUILDING BASE BID #REF/ $8,803,681.00
'
TOTAL -SITE AND N EW TERMINAL BUILDING BASE BIDS $8 437,531.70
Pro)Oe t No: 18-7240
Projoel Tlllo: MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS
BID TABULATION
Dato: 11/21/2017 BIDDER: West Construction
ID.QliQ !liM 121i§!<BteDQt:! QE ~QB!S ll..till ~ l.!t::!III!BI!<Ii IQIA!.!<Q§I
BID ALTERNATES:
SIT!! 010 A~ TI!RNAT! 1 • PARKING LOT CONSTRUCTION
69 P-151-1 Cloorlng and Grubbing SY 0,000 $1.16 $10,120.00
GO P-152-1 Embonkmonl ln Placo CY 4,300 $16.13 $69,359.00
61 P-152·2 Borrow Excavation (Select Material Off site) CY ·10,000 $13.77 ($137, 700.00)
62 P-152-4 SUbgrade Compaction, 8-lnch Depth (95% Comp SY 3,600 $4.00 $14,400.00
63 P-152·5 Borrow Excavation (A·3 Pond Material Offs~e) CY 8,400 $13.72 $1 15,248.00
64 P·158·2 Additional Temporary Pollution, Erosion, and Slllo LS 1 $5,801.00 $5,881 .00
65 0 ·701·2 24" Reinforced Conc reto Plpa, Ciasa Ill LF 70 $147.23 $10,308.10
66 0-701·3 30" Reinforced Conc rete Pipe, Clan Ill LF 170 $177.11 $30,108.70
67 0-751-1 FOOT Type 8 Manhole EA 1 $5,491 .00 $5,491.00
66 0·752·2 FOOT 24-lnch Mitered End Section EA 2 $2,259.00 $4,516.00
69 0 -752·3 FOOT Typo li Ditch Bottom Inlet (Modified) (Lorg EA 2 $4,004.00 $8,008.00
70 0-752-4 Rip Rap, BrOken Concreto 6" -18" SY 150 $6664 $10,296.00
71 T-904·1 Sodding SY ·3,400 $2.88 ($9, 792.00)
72 FOOT-HI0·1 Subgredo Stabihzatlon, 12-lnch Depth (100% Con SY 3,600 $5.72 $20,592 .00
73 FOOT-265·1 FOOT Index No. 61 4, Optlonol Daso Oroup 5 SY 700 $18.00 $13,160.00
74 FOOT-285-2 FOOT Index No. 614, Optional Bose Oroup 1 SY 2,900 $1 1.44 $33,178 .00
75 FDOT-334-1 Suparpava Asphollic Concreto TON 500 $140.40 $70,200.00
76 FOOT-520-1 Concrete Curb, Typo o LF 2,800 $10.98 $30,74 4.00
77 FOOT-522-1 Concreto Sidewall, 4-tnch Depth SY 930 $66.62 $54,702.60
76 FOOT-700-1 Singkl Post Sign EA 14 $455,00 $6,370.00
79 FOOT-700-2 Rolocallon of Exlatlno Parking Lot Sign EA 6 $75.00 $450.00
80 FOOT-7 10·1 Palntad Trofflc Stnpes SF 1,300 $3.00 $3,90000
81 FOOT-7 11·1 Thermoplastic Traffic Strlpat SF 1,000 $4,00 $4,000.00
Parking Lo t LEO Flxh.(O/Polo/Fol-11dollon
82 265600·1 Anembly, 25 -foot Polo whh Foundation, Install ed EA 10 $3,200.00 $32,660.00
Comotote
Parking Let LEO Fodll'o/Pclo/Foundotlon
83 265800-2 Anombfy, 20-foot Polo wrth Foundotlon, lnstellad EA 2 $1,83000 $3,660.00
Como!ete
04 265600·3 Porklng L04 Eloctrlcal lnfraatructure LS 1 $6,351 .00 $6,351 .00
85 320400-1 lrrlgotlon Syatom LS 1 $41,429.00 $41,429.00
86 329300-1 Troos & Palma LS 1 $46,854.00 $46,654.00
87 329300·2 Slvub Plantings LS 1 $15,721 .00 $15,721.00
TOTAL · SITE BID ALTER NATE 1
SITE ALT 1 .. Parking Lot Conatrucllon .. .. TOTAL $522,013.40
SITE BID ALTERNATE 2
SITE ALT 2 AL·100 Airport Eooance Sign AL 1 $50,000.00 $50,000.00
SITE BID ALTERNATE 3
S!TEAlH AL-200 FP&L Allowanco AL 1 $40,000.00 $40,000.00
SITE BID ALT ERNATE 4
~ Al.-300 ~~~ AI. 4 S100.00MO NOT ACCEPTEO
SITE BID ALTERNATE 5
~~ At.-400 New-l4mWIII~~~ AI. 4 $60,000,00 NOT ACCEPTED
TOTAL · ACCEPTED SI TE BID Jll. TERNATE S ·ALTERNATES 1, 2, an d 3 $0 12,013.40
Project No: 18-7240
Project TIUo: MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS
BID TABULATION
Date: 11/21 /2017 BIDDER: West Construe !loll
I!IQ.HQ 1lli1 121i§SiBieDQt:! QF WQBIS .\!till: !:l.llaWJ.IX !.lt:!IIeBI!<C IQI81.SiQlii
:r&RMINAWIOD A"'"'RNMIH-
IIW<M~ I l :"'*-kr1~tf-lndtut o<htfl6.deh>lled~n-t..._ I
df.wifltiO
bS ~ '~"'00 NOT ACCEPTED
:r&RMINAirADD Al.fliRNI'.:r&4 ,.. ,,..,.,. ~,. "~ ""··~""-
IIW<l-Al.H I ~~~~ llof1h ;o If III•~IH~fi.<OM!o.
"'""""' ... I bS ~ ~ NOT ACCEPTED
fliRMINAirADD-AblERNMIH-
,.. '"'"'' "' (M'l'
6",-N"t•&IJIN
&lO<O--A'-'4 I ~~"""""''"'"'~ .. ,..,.,""'",_ I bS 4-~0 NOT ACCEPTED
TERMIN AL ADD ALTERNATE 4 odd J668 GSF oflnt•rlor spoco
BLOGALT4 I ~~dd Interior lmprovomtnll of the se<ond lloor of th•l
Nort h Win& ulndluted on the drowln&a LS 1 $114,022.00
:r6RMINAirADD-AI.:r&RNM4-" At '''""I• IR G:S .C fllftlie/oS-
llt.O(i.AI.U I ~~~e,•uo Floorl~lw-<tl-flor~MII•oo-
ohe-.a~lotkn-t hW..>"""c< I bS ~ ~ NOT ACCEPTED
TERMINAL ADD ALTERNA TE 6 no chongtln GSF • EKtorlor Spoco
BLDG ALT6 I I ~urnlsh and Instill all frttstondlna Furniture ond
AppBanc•i u lndlelttd on tho drawln&J I LS 1 $232,696.00
'l'ltRMINAirAOO.AI.:rliRNA-TIW-IAI.:r4iRNA:ri-IIJ..III-No:I'-APPI.ICABUHr:-AI.:rliRN~a.4ilk<~n-.,~
~ I
~~vlldi-1<4'5-wlthev.._,., lloor '""'"",_
I l.i ~ $&0~ NOT ACCEPTED IJoo,..~t~e_.l,lwonfefent&-f6&m-4o-wlt ....
ue
edd 1200 •f ro GFS • NOT APPUCABLE IF ALTERNATE 113 Is IDkon
TOTAL · ACCEPTED TERMINAL BUILDING ALTERNATES· ALTERNATES 4 Md 6 $346,718.00
I
$9,396,263.10
MATERIAL MANUFACTURERS
THIS FORM MUST BE COMPLETED OR BID SHALL BE DEEM E D NON -RESPONSIVE
A ll Bidders shall confirm by signat ure that they will provide the manufactu rers and materials
outlined in this Bid specificati ons, including compliance with F lorida Statute 255.20 to provide
lumber, timber and other forest products produced and manufactured in the St ate of Florida as
long as the price, f itness and quality are equa l. Exception s (wh en equals are acceptable) may
be requested by completing the Mate ri al Manufacturer Excepti on List be low. If an exception f or
a manufacturer and/or material Is proposed an d listed below and is not approved by
Engineer/Project Manager, Bidder shall furnish the manufacturer named In the specification.
Acceptance of this form does not constitute acceptance of material proposed on this list.
Comp lete and sig n section A QB. B.
Section A (Acceptance of all manufactures and materials in Bid speci fication s)
On behalf of m y firm, I confirm that we w il l use all manufacture rs and materia ls as
specifically outlined In th e Bid specification s.
' Signature: ~---c'7-,:.......;..,----=::,.....-.f+--:--!;__~+-~----Date: 11/21/2017
Section B (Except ion requested to Bid specifications manufacturers and materials)
1.
2.
3.
4 .
5.
EXCEPTION MATERIAL
Please Insert additional pages as necessary.
EXCEPTION MANU FACTURER
Com pany: ____________ ~--------------------------
Signature: ________________________ _ Date __ _
14
ConSirucllon Services Agreement: Revised 06152017
LIST OF MAJOR SUBCONTRACTORS
THIS LIST MUST BE COMPLETED OR BID MAY BE DEEMED NON-RESPONSIVE
The undersigned states that the following is a list of the proposed subcontractors for the major
ca tegories outlined In the requirements of th e Bid specifications.
The undersigned acknowledges Its responsibility for ensuring that the Subcontractors fo r the
major ca tego ries listed herein are "qualified" (as defined in Ordinance 2017-08 and Section 15
of In structions to Bidders) and meet a ll legal requirements appli cable to and necessitated by the
Contract Documents, including, but not limited to proper licenses, certifications, registrations
and In su rance coverage. The Owner reserves the right to disqualify any Bidder who includes
non -compliant or non-qualified Subcontractors in Its bid offer. Further, the Owner may direct the
Successful Bidder to remove/replace any Subcontractor, at no additional cost to Owner, which
is found to be non-compliant with this requirement either before or after the issuance of the
Award of Contra ct by Owner. (Attach additional sheets as needed). Fu rth er, th e undersigned
acknowledges and ag rees th at promptly after the Award of Contract, and In accordance with the
requirements of the Contract Documents, the Successful Bidder shall Identify a ll Subcontractors
It Intends to use on the Project. The undersigned further ag rees that all Subcontractors
subsequently Identified for any portion of work on this Project must be qualified as noted above.
Major Category of Work
1. Electrical
2 . Mechanical
3. Plumbing
4 . Site Work
5. Identify other
s ubco ntractors that
represent more than
1 0% of price or that
affect the critical path of
the sc hedule
Subcontractor and Address
Alpha Electric Services, Jnc.
935 Rosea Co urt
Naples, FL 341 04
Condition ed Air
3786 Mercantile Ave .
Naples, FL 34104
J.R. Swanson Plumbing Co., Inc.
686 Stonccrcst Lane , unit 1
Cupc Coral, FL 33909
Sloznr Construc ti on & Plumbin g, Inc
J J 400 Overseas H wy I n 1 03
Muralhon, FL 33050
Date: 11/21/2017
16
Cons truction Serv ices Agreement : Revised 06152017
STATEMENT OF EXPERIENCE OF BIDDER
The Bidder Is required to state below what work of similar magnitu de completed wi thin the last
five (5) years Is a j udge of Its experience, skill and business standing and of Its ability t o conduct
the work as comple te ly and as rapidly as required under the term s of the Agreement.
1.
Eroject and Location
DB Pirc Station #78
Tamamc, FL
Reference (Include phone# or e mail
address)
John Doherty, A ss i stant Director of Publi c
Works/City Engi ne er
John.Doherty@tamnmc.org I PH: 954-597-3706
Sean S. Holway, l'.E., Project Manager
2. AUTUC Federa l Building-SSA Build Out
West Pnlm .Bench, FL SHol wny@n kcai nc.com I PH : 352-474-6 124
Public Safety Compl ex Rxtcrior Bu ildi ng H ornci o Dnnov ich, C RA Engineer
3. Improvements & Emergenc y Ge nerator I nstallation
Pompano Beach, FL horacio.danovich@copbfl.eom I PH: 954-786-7834
Broward County Public Safety Complex for Lui s Se t a, Project Manager
4. Buildings 2, 3, 4, & 5 Wind Mitigation
Port Laudcrdule, FL lscta@browurd.org I PH: 954-357-73~3
5.
6.
DB New Fire Station/1110
Lauderhill, FL
Coco nut Palm F ire Station #70
Miami, f1L
Marc Cel elti , Fire Ch ief/Fi re Co de Official
m cclelli@lnuderhill-fl.gov I PH: 95 4-730-2950
Angel Lameln, ·
Facilities & Construc tion Division Chi ef
nngcl.lumcla@m i nm idade.go v I PH: 786·33 J -4502
Company: West Co nst m e~n c.
~ ~) ' Signature:~ ~-~-t<-art1a A.MOrgan; rcsi'ltt ~
Date: 11/21/2017
16
Construction Services Agreement: Revised 06152017
TRENCH SAFETY ACT
Bidder acknowledges that Included in the various Items of the bid and In the Total Bid Price are costs for
com ply ing with th e Flo ri da Trench Safety Act (90-96, Laws of Fl orid a) effective October 1, 1990. The Bidder
furth er Ide ntifies th e cost to be summarized below :
1'
2.
3.
4.
5.
Trench Safety
Measure
(Desc ription)
Sloped
Units of
Meas ure
(L F,SY)
LF
Unit
(Quantity)
1,050
Unit
Cost
$5.00
TOTAL$ 5,250.00
Extended
~
$5,250.00
Failure to complete the above may resu lt In the Bid being declared non-responsive.
Date: 11 /2 1120 17
17
Cons tru ction SeJvlces Agreement: Revised 06152017
C<m~r Cm-tf'JI~Y --~'-'--t\tlollii'S~OWQ ~;tty.(()~ {Xlf)!Jflrf\t:"ll
f 'I (t \llf.fll~ \ ,.,. o ,.-,If . ,.. 11
Immigration Law Affidavit Certification
Solicitation: 18-7240 Marco Island Executive Airport New Terminal & Associated Improvements
Thi s Affidavit Is required and should be signed, notarized by an autho rized prin cipal of th e firm and submitted with
formal invitatio ns to Bid (ITB's) and Request for Proposals (RFP) submittals. Further, Vendor·s I Bidders are required to
enroll In the E-Verlfy program, and provide accept ab le evidence of their enrollment , at th e time of th e submission of the
vendor's/bidder's proposal. Accep table evidence consists of a copy of the properly completed E-Verlfy Company
Profile page or a copy of the fully executed E-Verlfy Memorandum of Understanding for the company. Failure to
lnclyde this Affidavit and acceptable eyldence of enrollment In the E-Verlfy promam. may deem the Vendor I
Bidder's proposal as non-responsive.
Collier County will not In tentionally award County con tracts to any vendor who knowingly employs unauthorized alien
worl<ers, constillltlng a violation of th e employment provision contained In 8 U.S.C. Section 1324 a(e) Section 274A(e)
of the Immigration and Nationality Act ("INA").
Collier County may consider the employmen t by any vendor of unauthorized aliens a vi olation of Section 274A (e) of
the INA . Such Violation by the recipi ent of the Employmen t Provisions containe d In Section 274A (e) of the IN A sh all
be grounds for unilateral termination of the con tract by Collier Co unty.
Ve n dor attests t hat th ey are full y complia nt w ith all applicable Immigration laws (specifica ll y to th e 1986 Immig ration Act
and subsequen t Amendment(s)) and agrees to comply with the provisions of the Memorandum of Understanding with
E-Ve rl fy and to p rovide proof of enrollment In The Employment Eligibility Verification System (E·Verify), operat ed by the
Departm e nt of Hom eland Security In partnership with the Social Security Adminis tr ation at the ti me of submission of the
Vendor's I Bidder's proposa l.
Company Name
Print Name
Signature
West Co nstruction, In c.
Martha A. Morgan
State of F loJ·ida ----------------
County of Palm Beach
FF 236934 I June 3, 20 l9
Notary Commission Number/Expiratio n
Title President
Date J l /21120 17
~,~;. ~~~ RACOUEL J. BARRE IT
~~ MY COMMIS SION • FF 236934 "'~~JLtq: f< EXPIRE S: Juno 3, ?.019 "~,~ !t\V ~~.,. DOOCe d ThN Oudgel NOllry StnkOI •OPfl.v
The signee of th is Affidavit guarantees, as evidenced by the sworn affidavit requir ed herein, the truth and accuracy of
this affidavit to Interrogator ie s hereinafter made.
1(l
Constru ction Servi ces Ag rocrnen t: Revised 06152017
Employe rWi zn l'd Pnge 1 of l
.:-verify.
Ern ployrno nt Ell (llblllty Vorltlontlo n
CIIGk ony 0 lor horp
,•Jotcot)IU Utor 10 l.Mt lnut11
M yl~Mur.
Nlll'l COI U
MyP~<>III O
!;out l'rnlolct
C lllltlll lll'ol ~SWWll
C h olll!lll S tt ~ut i l y llu~s llmlf
My t:m u p~ny
l;c ltl C:uml>ul\y 1111!111•
t\<111 l ltl\'1 U~ot
Vouw 1:~11\11110 I.I MU~
Ckl~o C:\ltllj)nll'/ /V:~HIIII
My ICu pou t.
Vi~VJ it r.t•m tn
My nn ~u ur1!1m
Vmw I!~IUiill n l R<mOoiiL<l ••
rukQ l ii(Oto!ll
Vw:w Uoot Mtmunl
Coutuci Uft
MAin IIA M OI~GAN MMOflO!JIIti 02·30 PM · 11/tr./2012 Lou 0 111
Company Inform ation
C:otlltli1 11Y N n m~:
CO illllR II Y Ill NUillll or:
lJ olno Du «h tot~u flu (01:11\)
Nn mo:
DUN8 Numh or:
Physi co I Locnllon :
1\tl<l rooo 1:
1\thlrosn .2:
City:
Bt ulo:
Zlr> Coclo:
County:
Atldl llonol l11 f orrn ntl o n :
'NEST GON S'mlJGT ION, INC.
408027
000163110 "/
3 1 (I SO\JTII I)IXII: I IIOI IWIIY
S U ITt:~· 6
l AI<E WORTH
Fl.
33<1(10
PALM fl '"IICH
l!m pl oyor lduntl fl cntl o n Nu mb o1·: U01800000
Totnl N111nhor of li lllllloy ooo: 20 to 09
Pnront 01'1J M I7.ntloll :
/ltlnrlnl strn tor:
Or oanlzo tlon Doslo n otl on:
t:rnployur Cn touo 1y: Nonu or tl10sn cnteoorlos oppl y
r·-V luw I t::<llt
Ma i ling Ad cl r·oo!l:
1\<l<lro(ln 1:
Aclclrooo 2:
City:
a tnto:
l lp Coc ln:
NAI CG Coclo: 1!3(} • CONSTilUC'fiON Of' 13UII.OINGS J
l'otu l Hl rln u Ulluu:
Totnl Polr \111 or Con tn ct: 1
·-Vl uw /Edl j ··-·1
·--... o.,.~. •• _ .........
ht t ps ://e-ver lfy .usc i s. go v /em p/Emp l oy el'Wi za rcl .As px 1 1/15/201 2
-~er1-f~... t~.~~~ " •tn•'t \;viH•"~
:----------------· .. · '"'''••111\'.1•• '.
Company ID Number: 408927
TH E E.VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
Thi s Memo ran dum of Unders tandin g (MOU) sets forth the poi nts of agreeme nt be tween th e
Departm ent of Homelan d Security (DI·IS) and WE ST CONSTRUC TION, TN C. (Emp loyer)
re gard ing th e Emp loye r's pari ici pati on In the Employ ment Eligib ility Verifi ca t io n Progra m (E-
Verify). This MOU explains ce rt ai n f eatures of th e E-Verify prog ram and en umerates spec ific
respo nsi bilities of DH S, th e Social Security Ad ministr ati on (SSA), and th e E mpl oyer. E-Veri fy is
a prog ram th at electro ni ca lly co nfirms an employee's eli gib ility to work In t he Uni ted States aft er
completion of the Employ ment El igib ility Ve rification Form (Form 1-9). For covered gove rnm en t
co ntractors , E-Verify is use d to ve ri fy the emp loy men t eli gibilit y of all newly hired employees and
all ex istin g employees ass igned to Federal co ntracts or to verify t he entire workforce if the
con tractor so c hooses.
Authority for the E-Verify prog ram is f ound In Title IV, Subtitl e A, of th e Illegal Immig rat ion
Re form and Imm ig rant Resp onsibility Ac t of 1996 (II RIR A), Pub. L. 104-2 08, 110 Stat. 300 9, as
amended (8 U.S.C. § 1324a no te). Authori ty for use of the E-Verify program by Fe deral
co ntractors and subco ntractors cove red by the terms of Subpart 22 .18, ''Em ploy men t Eligibility
Ve rifi ca ti on", of the Federa l Acqu isi tio n Reg ula ti on (FAR) (herein aft er refer red to in t hi s MOU as
a "Fe dera l co ntrac tor wi th th e FAR E-Verify clause") to verify th e emp loy ment eligibility of
certai n employees worki ng on Fede ral co nt racts is also found in Sub part 22.18 and in Executi ve
Ord er 1298 9, as amend ed .
ARTICLE II
FUNCTIONS TO ElE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA ag rees to provide the Em ployer with ava il ab le Informa tio n th at all ows th e Emp loyer to
co nfirm th e accuracy of Socia l Security Nu mbe rs provide d by all employees ver ifi ed under thi s
MOU an d th e employment authori za ti on of U.S. citi ze ns.
2. SSA ag rees to provide to t he Emp loyer appropria te assistance with ope rationa l prob lerns that
may arise during th e Em ployer's pa rti cipa ti on in the E~Ve r ify program. SSA agrees to pro vid e
th e Employer wi th names , titl es, ad dresses, and telephone nu mbers of SSA rep rese nt ativ es to
be con tac ted durin g the E-Verlfy process.
3. SSA agrees to sa feg uard the inform at ion pr ov id ed by th e Employer through t he E-Ve rlfy
progra m proced ures, and to limit access to suc h in forma t io n, as Is appropriate by law, to
individua ls responsib le fo r th e ve rifi ca ti on of Social Securi ty Numbers and for eva lua ti on of the
E-Ve rify prog ram or suc h ot her pe rsons or entities who may be auth orize d by SSA as gove rn ed
Pogo 1 of 14 1 E.Verlfy MOU for Emp loyer 1 Revisi on Do te 00/0 1/09 www.dhs.g ov/E-Verify
-Verif~--------{•·~
Company ID Number: 408927
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regu lations (20 CFR Part 401).
4. SSA agrees to provide a means of automated verification that is designed (in conjunction with
DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of
U.S. citizens' employment eligibility within 3 Federa l Government worl< days of the Initial inquiry.
5. SSA agrees to provide a means of secondary verification (incl uding updating SSA records as
may be necessary) for emp loyees who contest SSA tentative nonconfirmatlons that is designed
to provide final confirmation or nonconfirmation of U.S. cit izens' employment eligibili ty and
accuracy of SSA records for bo th citizens and non-citizens within 10 Federal Government worl<
days of the date of referra l to SSA, un less SSA determines t hat 1nore than 10 days may be
necessary. In such cases, SSA will provide additional verification instrllctions.
B. RESPONSIBILI T IES OF DHS
1. After SSA verifies the accuracy of SSA records for employees through E-Verify, DHS agrees
to provide the Employer access to se lected data from DHS's database to enable the Employer
to conduct, to t he extent au thorized by this MOU :
• Automated verification checks on emp loyees by electronic means, and
• Photo verification checks (whe n available) on employees.
2. DHS agrees to provide to the Emp loyer appropria te assistance with operational prob lems tha t
may arise during the Employer's participation In the E-Verify program. DHS agrees to provide
the Employer names, ti tl es, addresses, and telephone numbers of DHS representatives to be
contacted during the E-Verify process.
3. DHS agrees to make available to the Emp loyer at the E-Verify Web site and on the E-Verlfy
Web browser, Instructional materia ls on E-Verify policies, procedures and requirements for both
SSA and DHS, including restrictions on the use of E-Verlfy. DHS agrees to provide training
materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation
In the E-Verify program. DHS also agrees to provide to the Employer anti-discrimination notices
Issued by the Office of Specia l Counsel for Immigration-Re lated Unfair Emp loyment Practices
(OSC), Civil Righ ts Division, U.S. Depa1iment of Justice.
5. DHS agrees to Issue the Employer a user identification number and password that permits
the Employer to verify Information provided by employees with DHS's database.
6. DHS agrees to safeguard the Information provided to DHS by t he Employer, and to limit
access to such information to Individuals responsible for the verification of emp loyees'
employment elig ibility and for evaluation of the E-Verlfy program, or to such other persons or
entitles as may be authorized by applicable law. Information will be used on ly to verify the
accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and
Pago 2 of 14 1 E-Vorlfy MOU for Emllloyer 1 Revision Da te 09/01/00 www.dhs.gov /E-Verlfy
-Verif~-----------~~).~~~
Company ID Numbe r: 408927
Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting
requ irements.
7. DHS agrees to provide a means of automated verification that is designed (In conjunc ti on
with SSA verification procedures) to provide confirmation or tentative nonconfirmation of
emp loyees' emp loyment eligibility within 3 Federal Government work days of the Initia l inquiry.
8. DHS agrees to provide a means of secondary verification (includ ing updating DHS records as
may be necessary) for employees who contest DHS ten tative nonconfirmations and photo non-
match tentative nonconflrmations th at is designed to provide final co nfirmation or
nonconfirma ti on of the emp loyees ' employment elig ibility within 10 Federa l Governmen t work
days of th e date of referral to DHS, unl ess DHS determines that more th an 10 days may be
necessary. In such cases, DHS will provide additional verification Instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to disp lay th e notices suppli ed by DHS in a prominen t place that is
clearly visible to prospective emp loyees and all emp loyees who are to be verified through the
system.
2. The Emp loyer agrees to provide to th e SSA an d DHS th e names, titl es, addresses, and
telephone numbers of the Emp loyer representatives to be co ntac ted regarding E-Verify.
3. Th e Employer agrees to become fami li ar with and comp ly with the most recent version of th e
E-Verify User Manu al.
4. The Employer agrees that any Employer Representative who will perfo rm emp loyme nt
verifica ti on queries will co mpl ete the E-Ve rify Tutorial before that indi vidua l initiates any qu eries.
A. The Emplo yer agrees that all Employer representatives will ta ke the refresher tut oria ls
initiated by th e E-Verlfy program as a condi ti on of continued use of E-Verlfy.
B. Fail ure to complete a ref res her tutorial will preven t t11 e Emp loyer from co ntinu ed use
of th e program.
5. The Employer agrees to comp ly with current Form 1-9 procedures, with two exceptions:
• If an employee presents a "List 8" Identity document , the Emp loyer agrees to on ly
accep t "List 8" documents that
con ta in a photo. (List 8 documen ts Identified In 8 C.F.R. § 274a.2(b)(1 )(B)) can be
presen ted during the Form 1-9
process to establi sh Id entity.) If an employee objects to the photo req uirement for
re li gio us reasons, th e Emp loyer
shou l d contact E-Ve rlfy at 888-464-42 18.
·If an employee presents a DHS Form 1-551 (Permanent Residen t Card) or Form 1-766
(Employment Author ization Document) to complet e th e Fo rm 1-9, the Emp loyer agrees to
make a ph otocopy of th e document and t o retain th e photocopy with the employee's
Form 1-9. The photocopy must be of su ffi cient quality to allow for verification of the photo
Page 3 of 14 1 E-Verlly MOU lor Employer 1 Revision Date 09/01/00 www.dhs.gov/E-Vel'l fy
-\fttrif~~------------~~~
Company 10 Number: 408927
and writte n Informat ion. The employer will use the pho tocopy to ve rify the photo and to
assist DHS with Its review of photo non-matches tha t are contested by emp loyees. Note
th at emp loyees retain th e right to presen t any Li st A , or List 8 and Li st C, documentation
to comple te th e Form 1-9. DHS may in the future designate othe r documents that
acti va te the photo screening tool.
6. Th e Emp loye r und ersta nds that participation in E-Verify does not exempt th e Employer from
th e responsibility to comp lete, retain, and make available for Inspection Forms 1-9 that relate to
its employees, or from ot her requirements of app licable regulations or laws, including the
obli gation to comply with th e antid iscrimination requ irements of section 2748 of the INA wi th
respect to Form 1-9 procedLires, except for th e following modified requirements applicable by
reason of t he Emp loyer's participation In E-Verlfy: (1) identity documents mu st have photos, as
described In paragraph 5 above ; (2) a rebu tt able presumption Is established that the Employer
has not viola ted section 274A(a)(1)(A) of t he Immigration and Nation ality Act (INA) with respect
to th e hiring of any individua l if it obtains confirmation of th e Iden tit y and employment eligibility of
the individual In good faith compliance with the term s and conditi ons of E-Verlfy; (3) the
Emp loyer mus t notify DHS if it cont inues to em ploy any employee after receiving a fina l
nonconflrmatlon, and Is su bject to a civi l money pe nalty between $550 and $1,100 for each
failure to notify DHS of continued emp loyment following a fin al nonconfirmation; (4) the
Emp loyer Is subject to a rebuttable presumption th at It ha s l<nowlng ly em ployed an unauthorized
allen in violation of section 274A(a)(1)(A) if th e Employer continues to employ an employee after
receiving a fina l nonconfirmation; and {5) no person or entity pat1icipatlng In E-Verify is civil ly or
criminally li able under any law for any action taken in good faith based on in formation provided
through th e con firmation sys tem. DHS reserves the righ t to conduct Form 1-9 and E-Ve rify
system comp li ance Inspections during the course of E-Verlfy, as we ll as to conduct any oth er
enforcemen t activity au th orized by law.
7. The Employer agrees to init iate E-Verify verification procedures for new employees wi thi n 3
Employer business days afte r each emp loyee has been hired (but after the Fo rm 1-9 has been
co mpleted}, and to complete as many (but on ly as many) steps of th e E-Verlfy process as are
necessary acco rding to the E-Verlfy User Manual, or In the case of Federa l contractors with th e
FAR E-Ve rlfy clause, the E-Verify User Manual for Federal Contrac tors. Th e Emp loyer is
proh ibited from initia tin g ver ifi cat ion procedmes before th e emp loyee has bee n hired and the
Form 1-9 comp leted. If the automated system to be queried Is temporarily unavailable, th e 3-day
ti me pe ri od Is extended until it Is again operational in order to accommodate the Employer's
attempting, In good faith, to make Inquiries during the period of unavailability. Employers may
initiate ver ification by notating th e Form 1-9 In ci rcu mstances where the emp loyee has app lied
for a Social Security Number (SSN) from the SSA and Is waiting to receive the SSN, provided
that th e Employer performs an E-Ve rify emp loyment verification query us ing the employee's
SSN as soon as the SSN becomes available.
8. The Employe r agrees not to use E-Verlfy procedu res for pre-employment screen ing of job
applicants, In support of any unlawful emp loyment practice, or for any other use no t authorized
by this MOU. Employers must use E-Verify for a ll new emp loyees , un less an Employer is a
Federal contrac tor that qualifies for the exceptions described In Article II.D.1.c. Except as
prov ided In Art icle II.D, th e Emp loyer will not verify selective ly and will not verify emp loyees
hired before t he effecti ve date of this MOU. The Employe r understands that If the Employer
Pooo 4 ot 14 I E-Verlfy MOU lor Employer I Revision Dote 09/01/09 www.d hs.gov /E -Verlfy
-Verif~---------~~g~~
Company ID Number: 408927
u ses the E-Verify system for any purpose other than as authorized by thi s MOU, the Emp loyer
may be subject to appropriate legal action and termination of Its access to SSA an d DH S
inform ation pursuant to thi s MOU.
9. The Employe r agrees to follow appropriate procedures (see Article Ill. below) regarding
tentative n onconfi rmatl ons, includin g notifying employees In private of the finding and providing
th em written notice of the fin dings, providing written referra l Instructions to employees, allowing
employees to contest th e finding, a nd not taking adve rse action against empl oyees If the y
choose to contest the finding . Further, when emp loyees con test a tentative nonco nflrmatl on
based upon a photo non-match, th e Employer is required t o take affirmative steps (see Article
111.8. below) to con tact DHS with Information necessary to resolve th e cha llenge.
10. The Emp loyer agrees n ot to take any adverse action against an employee b ased upo n th e
employee's perceived e mpl oyment eligibility st atus while SSA or DHS is processing th e
verification re qu es t unless th e Employer obtains kn owleclge (as de fin ed In 8 C.F.R. § 274a.1(1))
that th e employee Is not wo rk authorized. The Employer un derstands that an Initial Inability of
the SSA or OHS automa ted veri fication system to verify work authorization, a tentative
nonconfirmatlon, a case in contin uance (indicating the need for addit ional tim e for th e
government to resolve a case), or the finding of a photo non-match , does not establis h, and
should not be Interpreted as ev idence , t hat th e emp loyee Is not work a utho rized. In any of the
cases listed above, th e employee must be provided a fu ll and fa ir opportunity to contes t th e
f inding, and If he or s he does so, the em ployee may not be terminated or suffer any adverse
employment consequ ences based upon th e employee's perceived employmen t eligibility status
(Inclu ding denying, reducing, or extend in g work hours, delaying or preventing training , requiring
an employee to work In poore r con d itio ns, refusing to ass ign t he employee to a Fed eral contract
or other assignment, or othe1wise subjecting a n em ployee t o any assumption th at he or she is
unauth orized to work) until and unless secondary verification by SSA or OH S has been
comp leted and a fin al nonconfirmatlon has been issued. If the emp loyee does not choose to
contest a tentative nonconfirmation or a photo non-match or if a secondary ver ification is
comp leted and a fina l nonco nfirma ti on is issued, then the Employer can find the employee is not
worl< authorized and termin ate the employee's employment. Employers or employees with
questions about a fin a l nonconfirma t ion may call E-Verify at 1-888-464-4218 or OSC at 1-800-
255-8155 or 1-800-237-2515 (TOO).
11. The Empl oyer ag rees to co mply with Title V II of the C ivil Rig hts Act of 1964 and secti on
274 8 of th e INA , as applicable, by not discriminating unlawfully against any ind ividual in hiring,
firing, or recruitment or refe rr al practi ces because of his or her national orig in or, In th e case of a
protected individua l as defined In secti on 2748(a)(3) of th e INA, because of his or her
citizenship statu s. The Employer understands th at such Illegal practices ca n include selective
verification or use of E-Verify except as provided in part 0 below, or discharging o r refus ing to
hire employees because they appear o r sound "foreig n" or have received tentative
nonconflrmations. The Employer further un derstands th at any viola t ion o f th e unfair Immigration-
re lated employment practices provisions In sect ion 2748 of the I NA cou ld subject the Emp loye r
to civil pena lties, back pay awards, and oth er sanctions, and vio lati ons of Title VII cou ld su bject
the Employer to bacl< pay awards, compensatory and pu nitive damages. Violations of e ither
section 2748 of the IN A or Title VII may also lead to the termina tion of its participation in E-
Peoa 6 of 141 E-Vorlfy MOU for Emp loyer 1 Ravlslon Dale 09/01/09 www.dhs .gov/E-Ve rlfy
-\f~riflf---------------~~~
Company ID Number: 408927
Verify. If the Employer has any questions relating to the anti-discrimination provision, it shoul d
contact OSC at 1-800-255-8155 or 1-800-237-2515 (TOO).
12. The Employer agrees to record th e case verification number on the employ ee's Form 1-9 or
to print the screen con taining the case verifica ti on number and attach It to the emp loyee's Form
1-9.
13. The Employer agrees th at It will use th e Information It receives from SSA or DHS pursuant
to E-Verlfy and this MOU only to co nfirm th e employm ent eligibility of emp loyees as au th orized
by this MOU. The Emp loyer agrees tha t It will safeguard this information , and means of access
to it (such as PINS and passwords) to ensure that it Is no t used for any other purpose and as
necessary to protect its con fidentiality, Inclu ding ensuring that It Is not disseminated to any
person other than emp loyees of the Employer who are authorized to perform the Employer's
responsibilities under thi s MOU, except for such dissemination as may be au tho rized In advance
by SSA or DHS for legitimate purposes.
14. The Employer acknowledges that th e Information which It receives from SSA Is governed by
the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C . 1306(a)),
and that any person who obtains this Inform ation under fa lse pretenses or uses It for any
purpose oth er than as provided for in thi s MOU may be subject to criminal penalties.
15. The Emp loy er agrees to cooperate with DHS and SSA In their compliance monitoring and
evaluation of E-Verify, includin g by permitting DHS and SSA, upon reasonab le notice, to review
Forms 1-9 and other employmen t records and to interview it and Its employees regarding the
Emp loyer's use of E-Verify, and to respond In a timely and accurate manner to DHS reques ts
for information relating to th eir participation in E-Ver ify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS WITH THE FARE-VERIFY CLAUSE
1. The Employer understands that If it is a subject to the emp loyment verification terms
In Subpart 22.18 of th e FAR, it must verify th e employmen t eligibility of any existing employee
assigned to the contract and all new hires, as discussed In th e Supplemen tal Guide for Federal
Contractors. Once an employee has been verified th rough E-Verlfy by the Emp loyer, the
Employer may not reverify the employee through E-Verlfy.
a. Federal contractors with the FAR E-Verify clause ag ree to become familiar with and
comp ly with th e most recent versions of th e E-Verify User Ma nual for Federal Cont ractors and
th e E-Verify Supplemental Guide for Federal Contractors.
b. Federal contrac tors with the FAR E-Ver ify clause agree to complete a tutorial for
Federal contractors with th e FARE-Verify clause.
c. Federal contractors with th e FAR E-Verify clause not enro ll ed at the tim e of co ntract
award : An Employer th at Is not enrolled in E-Verify at th e time of a contract award must enro ll
as a Federal contractor with the FAR E-Verify clause in E-Verify within 30 ca lendar days of
co ntract award and, within 90 days of enrollment, begin to use E.Verlfy to Initiate verification of
employmen t eligibili ty of new hires of the Employer who are working In the United States,
PIJge 6 or H I E-Verlfy MOU for Emp loyor I RAVI slon Dato 00/01109 www.dhs.gov/E-Verlfy
,.. -, (~~ ~~·~~~ -.erl ~-----------~)·~~
Comp any ID Number: 408927
whether or not assigned to the contract. Once the Employer begins verifying new hires, such
verification of new hires must be initiated within 3 business days after the date of hire. Once
enrolled In E-Verlfy as a Federa l contractor with the FAR E-Verify c lause, t he Employer must
initiate verification of emp loyees assigned to the contract within 90 ca lendar days from the time
of enrollment in the system and after the date and se lecting which employees will be verified In
E~Verify or within 30 days of an employee's assignmen t to the contract, whichever date Is later.
d. Employers that are already enro lled In E-Verify at the time of a con tract award but are
not enrolled In the system as a Federal contractor with the FAR E-Verify clause: Employers
enrolled In E-Verify for 90 days or more at the time of a contract award must use E-Verify to
initiate verification of employment eligibility for new hires of the Employer who are worl<ing In the
United States, whether or not assigned to the contract, within 3 business days after t he date of
hire. Employers enrolled In E-Verlfy as other than a Federal contractor with the FAR E-Verlfy
clause, must update E-Verify to Indicate that they are a Federal contractor with the FAR E-
Verify clause within 30 days after assignment to the contract. If the Employer Is enrolled in E-
Verlfy f or 90 ca lendar days or less at the time of con trac t award, the Employer must, wit hin 90
days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor
who are working in the United States, whether or not assigned to the contract. Such verification
of new hires must be initiated within 3 business days after the date of hire. An Emp loyer
enro lled as a Federa l contractor with the FAR E-Verlfy clause In E-Verify must Initiat e
verification of each employee assigned to the contract within 90 calendar days after date of
contract award or within 30 days after assignment to the contrac t, whichever Is later.
e. Institutions of higher educatio n, State, loca l and tribal governments and sureties:
Federal contractors with t he FAR E-Verify clause t hat are instit utions of higher education (as
defined at 20 U.S.C. 1001 (a)), State or local governments, governments of Federally recognized
Indian tribes, or sureties performing under a takeover agreement entered Into with a Federal
agency pursuant to a performance bond may choose to on ly verify new and existing emp loyees
assigned to the Federal contract. Such Federal contractors with the FAR E-Verify clause may,
howe ver, elect to verify all new hires, and/or all ex isting employees hired after November 6,
1986. The provisions of Article II.D, paragraphs 1.a and 1.b of th is MOU providing timeframes
for Initiating employment verification of employees assigned to a contract apply to such
Institutions of higher educa tion, State, local and tribal governments, and sureties.
f. Verification of all employees: Upon enrollment, Employers who are Federa l contractors
w ith the FAR E-Verify clause may elect to verify employment e ligibility of a ll existing employees
working In t h e United Sta tes who were hired after November 6, 1986, Instead of verifying only
new employees and those existing employees assigned to a covered Federal contract. After
enroll ment, Employers must e lect to do so only in the manner designated by DHS and Initiate E-
Verlfy verification of all existing employees wi thin 180 days after the el ection.
g. Form 1-9 procedures for existing employees of Federa l con tractors with the FAR E-
Verlfy clause : Federal contractors with the FAR E-Verlfy clause may choose to complete new
Forms 1-9 for all existing employees other than those that are comp letely exempt from this
process. Federal con tractors with the FAR E-Verify clause may also update previously
comple ted Forms 1-9 to Initiate E-Verify verification of existing employees who are not
completely exempt as long as that Form lw9 Is complete (including the SSN), complies with
Page 7 of 14 1 E-Vorlry MOU ror Employor 1 Revision Date 09/01/09 www.dhs.gov/E-Verify
Company 10 Number: 408927
Article II .C.S, the employee's work authorization has not expired, and the Employer has
reviewed th e information reflected in th e Form 1-9 eith er in person or In communications with the
employee to ensure that th e employee's stated basis In sect ion 1 of the Form 1-9 for work
au th orization has no t cha nged (Inc ludi ng , but not limited to, a lawful permanent resident allen
having become a naturalized U .S. citizen). If the Emp loyer Is unable to determine that the Form
1-9 complies w ith Art icle II.C.5, if th e e mployee's basis for work authorization as attested In
section 1 has expi red or changed, or if th e Fo rm 1-9 contains no SSN or Is oth erwise incomplete,
th e Employer shall complete a new 1-9 consist e nt with A rti cle II.C.5, or upda te th e previou s 1-9
to provide the necessary Information. If section 1 of the Form 1-9 Is otherwise valid and up-to-
date a nd th e form otherwise complies with Article II.C .5, but reflects documen tation (such as a
U.S. passport or Form 1-55 1) th at expire d subseq ue nt to completion o f the Form 1-9, the
Employer shall not requi re th e prod uction of add itional documentation, or use the photo
scree ning too l described in Article II .C.S, subject to a ny add itiona l o r superseding in structions
tha t may be provided on this subject in the Supplemental Guide for Federal Con tractors.
Nothing in th is sect ion s ha ll be construed to requi re a second verification using E-Verify o f any
assigned employee who h as previously been verified as a newly hired employee under this
MOU, or to auth orize verification of any existing employee by any Employer that Is not a Fed eral
contractor with the FARE-Verify c lause.
2. The Employer und ersta nds th at if it is a Federal con tractor with th e FAR E-Varify clause, its
complia nce w ith thi s MOU Is a performance req uirem ent under the terms of th e Fede ral
contract or subcont ract, and th e Employe r consen ts to the re lease of information relating to
co m plia nce with Its verification responsi bilities under t his MOU to con tracting officers or other
officials authorized to review the Employer's compliance with Feder al contracting req uireme nt s.
ARTICLE Ill
REFERRAL OF INDIVIDUALS TO SSA AND OHS
A. REFERRAL TO SSA
1 . If th e Employer receives a tentative nonconfirmation Issued by SSA, the Employer must print
th e notice as directed by the E-Verlfy system and provide It to the employee so that th e
employee may determi ne wh eth er he or she wi ll contest th e tenta tive nonconf lrm atlon. The
Employer must review the tentative nonconfirmation with the em pl oyee in private .
2. The Employer will re fer employees t o SSA field offi ces only as directed by the a utomated
syst em based on a tenta tive n onconflrmatlon , and on ly a ft er the Employer records the case
verification number, reviews th e Input to detect any transaction errors, and determines th at the
employee contests th e t e ntative nonconfirmatlon. The Employer wi ll transmit the Social Security
Number to SSA for verification again If this review indicates a need to do so. T he Employer wil l
determ ine whether the e mpl oyee contest s t he tentative nonconfirmation as soon as possible
after the Employer rece ives it.
3. If t he employee cont ests an SSA tenta t ive nonconfirmatlon, the Employer will provide the
employee with a system-generated ref erral letter and instruct th e employee to v isit an SSA
office within 8 Federal Government worl< d ays. SSA wil l e lectron ica lly tra nsmit th e result of th e
referra l to the Emp loyer within 10 Federal Government work days of the referra l unless It
Page 8 or 14 1 E-Vorlfy MOU for Employer I Hovlslon Dllte 09/01/09 www.dhs.gov/E-Verlfy
Company ID Number: 408927
determines that more than 10 days is necessary. The Employer agrees to check theE-Verify
sys tem reg ularly for case updates.
4. The Employer agrees not to ask the employee t o obtain a printout from the Socia l Security
Number da tabase (the Numident) or oth er written verification of th e Social Security Number
from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a ten tative nonconfirmation Issued by DHS, the Employer must prin t
the tentative nonconfirmation notice as directed by th e E-Ve rlfy system and provide It to the
emplo yee so that the employee may determine whether he or she will contest th e tentative
nonconfirmatlon. Th e Emp loyer must review the tentative nonconfi rm ation with the em ployee in
private.
2. If the Employer fi nds a photo non-match for an employee who provides a document for whi ch
the automated sys tem has tra nsmitted a ph oto, th e employer must print the photo non-match
tentative noncontirmation notice as directed by the aut oma ted systern and provide It to the
employee so that th e employee may determine whether he or she will con test the finding . The
Employer mu st review th e tentat ive nonconfirmatlo n with the employee in private.
3. Th e Employer agrees to refe r individua ls to DHS on ly when th e employee cl1ooses to con test
a ten tative nonconfirmation received from DHS automated verification process or when the
Employer issues a tentative nonconfirmation based upon a photo non -match . Th e Employe r will
determine whether th e employee contes ts the ten tative nonco nflrm atlon as soon as possib le
after the Employer receives II.
4. If th e emp loyee contes ts a tentative noncon firm at ion issued by DHS , the Employer will
provide the emp loyee with a referral letter and Ins truct th e employee to contact DHS through its
toll-free hotllne (as found on the ref erral lett er) within 8 Federal Governme nt wo rk days .
5. If the employee contests a tentative non confirma ti on based upon a pho to non-match , th e
Emp loyer will provid e the emp loyee with a referra l letter to DHS. DHS will elect ronically transmit
the result of the referral to th e Employer within 10 Federal Governmen t work days of the referral
unless it determines tha t more than '1 0 days is necessary. The Employer ag rees to check theE-
Verify sys tem regularly for case updates .
6. The Employer ag rees th at If an employee co nt ests a tentative nonconfirmatlon based upon a
photo non-match, th e Employer will send a copy of th e emp loyee 's Form 1-55 1 or Form 1-766 to
DHS for revi ew by:
• Scanni ng and uploading the document, or
• Send ing a phot ocopy of th e documen t by an express mail accoun t (paid for at
emp loyer expense).
7. If th e Employe r determines th at there is a photo non-match when comparing the photocopied
List B document described in Article II .C.5 with the Image generated in E-Verify, th e Employer
must forw ard th e employee's documentation to DHS using one of th e means describ ed In the
preced ing paragraph , and all ow DHS to reso lv e the case.
Page 9 or 14 I E-Vorlly MOU lor Empl oyer j l~evlslon Dole 09/01109 www.dhs.gov/E-Verlfy
Co m pa ny ID Num be r : 408927
A RTICLE IV
SERVI CE PR OVIS IONS
SSA and DHS will not charge the Employer for verification services performed under t his MOU.
The Employer Is responsible for providing equipment needed to make inquiries. To access E-
Verlfy, an Employer will need a personal computer w ith Internet access.
A RT ICLE V
PARTIES
A. This MOU Is effective upon the signature of all parties, and shall continue In effect for as long
as the SSA and DHS conduct the E-Verify program unless modif ied in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and a ll system enhancements to t he E-Verify program by DHS or SSA, Including but not
limited to the E-Ve rify checking against additional data sources and Instituting new verification
procedures, will be covered under th is MOU and w ill not cause t he need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E-Ve rify User
Manual, the E-Verlfy User Manual for Federal Contract ors or the E-Verlfy Supplemental Guide
f or Federal Contractors. Even without changes to E-Verlfy, DHS reserves the rig ht to require
employers to t ake mandatory refresher tutoria ls. An Employer that Is a Federal contractor with
the FAR E-Verlfy clause may t erminate th is MOU when the Federa l contract that requires its
participation in E-Verify Is terminated or completed. In such a circumst ance, the Federal
contractor w ith the FAR E-Verify clause must provide written notice to DHS. If an Employer that
Is a Federal contractor with the FAR E-Verify clause fails to provide such notice, that Employer
will remain a participant in the E-Verlfy program, w ill remain bou nd by t he terms of this MOU
t hat apply to pat1iclpants tha t are not Federa l contractors with t he FAR E-Verify c lause, and wi ll
be required to use the E-Verify procedures to veri fy th e employment eligibility of all new ly hi red
employees.
B. Notwi thst andi ng Article V, part A of th is MOU, DHS may t erminate this MOU if deemed
necessary because of the requirem ents of law or policy, or upon a determination by SSA or
DHS that there has been a breach of system integrity or securit y by the Employer, or a failure
on the part of th e Employer to comply w ith established procedures or legal requirements. Tl1e
Employer understands that If it is a Federal contractor with t he FAR E-Verify clause, termination
of this MOU by any party for any reason may negatively affect its performance of Its contractual
responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and D HS may adjust verification responsib ilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described In this MOU .
Poge 10 of 141 E-Verlly MOU for Emp loyor 1 Rovlslon Da te 09/01/09 www.dhs.gov/E-Verify
Company ID Number: 408927
D. Nothing In this MOU Is Intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party aga inst the United States, Its
agencies, officers, or employees, or against the Employer, Its agents, officers, o r employees.
E. Each party sha ll be solely responsible for defending any claim or action against it arising out
of or related to E-Verlfy or this MOU, whether civil o r criminal, and for any liability wherefrom,
Including (but not limited to) any dispute between the Emp loyer and any other person or entity
regarding the applicability of Section 403(d) of II RIRA to any action taken or allegedly taken by
the Employer.
F. The Emp loyer unde rs tands that the fact of its p articipation in E-Verify Is not confidential
Information and may be disclosed as autt1orized or required by law and DHS or SSA policy,
Including but not limlted to, Congressional oversight, E-Verify publicity and media inquiries,
determinations of compliance with Federal contractual r equiremen ts, and res pon ses to Inquiries
under th e Freedom of Info rm ation Act (FOIA).
G. The foregoing constitutes the full agreement on th is subject between DHS alld th e Emp loye r.
H. The ind lvldLtals whose signatures appear below represent that th ey are authorized to enter
into this MOU on behalf of th e Employer and DHS respectively.
Pnon 11 of 14 1 E-Vo rlty MOU for Em pl oyer 1 Revis ion Dato 00/01/09 www.dhs.gov/E-Verlfy
-~er1-f~ {a~~@~ ~. '"'''" .. ~ ------------------,, .............. .
Company ID Number: 408927
To be accepted as a participant In E-Verlfy, you should only sign the Employer's Section
of the signature pag e. If you have any ques tions, contact E-Verlfy at 888-464-4218.
-
Employer WEST CONSTnUCTTON, INC.
MARTHA MORGAN
Nomo (Plea se Typo or Prin t) ~;;5/2011 --
E/ectronlcs/1¥_ Sl9..ned . ---Signature
~
•: ' --
De partme nt of Homeland Security -V erification Division
USCIS Vel'itication Division
Name (Please Typo or Pri nt ) ltle '
Electronically Sig ned 04/15/2011
Signature c Date
Info rmati on Required for th e E-Verify Program
Information relating to your Company:
.... CO!Jlf?.I!I}Y. Name: WEST CONSTRUCTION , INC .
Company Facility Address: 318 SOUTH DIXIE HIGHWAY
SUITE 4 -5
LAKE WORTH , FL 33 460
-·
-------·u--... .., _____
Company A ltern ate
Addr ess: . ··-·-·--·-.. ---·
1------------·-·----· --·
-----·---------·----
County or Parish: PALM BEACH
Employ er Ident ification
~91809068 -------· Nwnber:
Paoo 12 of 14 1 E·Verlfy MOU fo r Employe r 1 Revision Dato 09/0 1/09 www.dhs.gov/E-Verlfy
-Verif~:....__ _______ t~)~i'
Company ID Number: 408927
---
North Amer ican Industry
Classifica ti on Systems
23B __________ Code:
--.--
Admin is tra tor : -
Numb er of EmEi oyees_: _ 20 to 99 ---
Number of Si tes Veri fi ed
for : 1
At·e you verifying for mol'c tluml sitc?ifyes, please provide the number of sites vcrlfie<l t'ot ·
111 cnch State:
• FLORIDA 1 site(:~)
-·--.. -----------
Information relating to the Program Admlnistrator(s) for your Company on policy
questions or operational problems :
Nmn ll: Rl\ofnA 11 Al.TUN
Telephone Number : (56 I) 588 -2027 C.'< I. 25 Fn'S Number: (56l) 582-9419
E-mnl l Aclcl rcss: unltull @wcs lc onsll'II Ctlouln c.nct .
Nmuc : MAfrt'HA A MOilGAN
Telephone Number: (56 1) 588-2027 cxl. IS FnxNumhcl': (St'\1) 5112-9419
E-mn ll Address : lll lllllO I'I:il ll @wcstcoeesti 'II C!I onin c.ne t
Nnmc : ROBI N 11 Ml~Ylm
Telep hone Nu mber: (!il'il) !illS-2027 ul. 14 FnxNumhcr: (561) 5112 -9419
P.-mni l Address: nncycr@}wes ccons t ru ction In c. nel
Nome: M 1\ HlF. T WI~ST
Telephone Number: (561) !iRS -2027 cx l. 20 Fnx Number: (56 1) 5112-9-119
E-mu I I Add ress: mlw cs l(ii)wcscco ets ll 'l!Ciioelinc.nct
Page 13 or 14 I E-Vorl fy MOU for Employer I Revision Dale 09/01/09 www.d hs.gov/E-Verlfy
-
Company ID Number: 408927
Page 11\ or 14 I E-Verlfy MOU for Employer I Revision Date 09/01109 www.dhs.gov/E-Verify
Cl;~:~ C nt•U11 1Y .. ......--~LI~.:. '--""'-,.. .. --.. ,
/U1•11il' ~ltOW•l ~•(' •V•'"~ (}.1p:11Ul\!Jt11
•'I U,I If•icH 1, '..·t.•t • .V. f ,1 ','t~ot'f1
COLLIER COUNTY SOLICITATIONS SUBSTITUTE W-9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regu lations, Collier County Is required to collect the fo ll owi ng
Information for t ax reporting pu r poses from Individuals and companies who do business with the County (Incl uding
social securi ty numbers If used by the Individ ual or company f or tax reportin g purposes). Florida Stat u t e
11 9.071 (5) require th at the count y notify you In writing of the reason f or collecti ng thi s information, which will be
used f or no other purpose than herein stated. Please complete a ll information that applies to your business a nd
return w ith your quote or proposal.
1. G en eral information (provide all information)
Taxpayer Nam e West l onstru ctt on In c.
(as shown on income tax re turn)
Business Name Same as above
(If dlffera~i'8'Rftaxftoyel n§mo) Add ress or · 1 4t 1 trcct Ci ty Lant ana
State FL Zip 33462
Tele phone 561-58 8-2027 FAX 561-582-94 J 9 Email m amorgan@westconstructi on inc.nel
Ordor Information Rom it I Paymont Informati on
Address 820 North 4th Street Address 820 North 4th Street
City Lantana State FL Zip 33462 City Lan tana State FL Zip 33462
FAX 56 1-582-9419 FAX 561-582-9419
Email mamo rga n@wcs tc onstru ctioninc.net Email mamorgan@westconstmction inc.nct
2. Company Statu s (chec/c only one)
_Individual/ Sole Pro prietor 1 L Corporation ,_Partnership
_Tax Exempt (Fede ral inco me tax-exe mpt entity _Limited Li abi lity Company
under Internal Revenue Service guidelines IRC c 50 1 (c) 3) Enter the tax classific ation
(D = Dfsregarded Enlfly, C = Corporalfon P = P8ftnersllffJ)
3. Taxpayer Identificatio n Numbe r (for ta x rep ort ing pLirposes on ly)
Federal Tax Id entification Number (TIN) ..:5:.::9_-:...:1 8::...::!0:.::19..:::0.;:.6l8;;:,_ _________________ _
(Vendors who do not have a TIN will be required to prov ide a social security number prior to an awa rd of the con tract.)
4 . Sign and Date Form
Certification: Under penaltfa s of per.ury, I ce rtify that the Information shown on this form fs correct to my /mow/edge .
/
19
Cons truction Services Agreemen t: Revised 06152017
Upon noti fication that its Bid has been awarded, the Successful B idder will execu t e the Agreement form
attached to t he Bidding Docume nts within ten (1 0) cale ndar days and deliver the Surety Bond or Bo nd s
and Insurance Certificates as required by the Contract Documents. The bid security attached is to
become the p ro perty of the Owner in the event the Agreement, Insurance Certif icates and Bonds are not
executed and delivered t o Owner w ithin the time above set forth, as l iquidated damages, for the delay
and addi ti onal expense to the Owner, it bein g r ecognized th at, sin ce time is of the essence, Owner w ill
suffer fin an c ial loss if the Successful Bidder falls to execute and deliver to Owner the required
Agreement, Insurance Certificates and Bond s within the required tim e period. In the event of such
failure, the total amount of Owner's damages, will be d ifficul t, If not impossible, to definitely ascertain and
quantify. It Is hereby agreed that It Is appropriat e and f air that Owner receive liqu idated damages from
the Successful Bidder in the event It falls to execute and deliver the Agr eement , In surance Certificates,
and Bonds as required hereunder. The Successful Bidder hereby expressly waives and relinqu ishes any
righ t which It may have to seek to characterize the above noted liquidated damages as a penalty, which
th e parties agree represents a fair and reasonable est imat e of Own er's actu al damages at the t ime of
bidding If the Successful Bidder fails to execute and deliver the Ag reement, In surance Certifica t es, and
Bonds In a timely manner.
Upon receipt o f th e signed and approved agreement and Purchase Order, the undersigned proposes to
commence work at th e site w ithin five (5) ca lendar days from the commencement date stipulated In the
written Notice to P roceed unless the Project Manager, in writing, subsequently notifies the Contractor of
a modified (later) commencement date. The undersigned further agrees to substantially complete all
worl< covered by this Bid within Three Hundre d Twenty (320) consecutive calendar days, computed by
excluding the commencement date and In clud ing the la st day of su ch period, and to be fully complet ed t o
the point of final acceptance by th e Owner w ithin Forty-five (46) consecutive calendar days after
Substantial Completion, computed by excluding commencement date and Includ ing the last day of such
period.
Respectfu lly Subm itted:
St ate o f ..::.F~lo;:.:.r.:,::id:.:.:a...,....__,. __ _
Coun ty o f Pa lm Bcocl1
Martha A. Morgan , being first duly sworn on oath
deposes and says that the Bidder on t he above Bid Is organized as Indicated and that all statements
herein made are made on beh alf of such Bidder and that this deponent Is au th orized to make them.
Mar tha A. Morgan , also deposes and says that it h as
examined and carefully prepared its Bid f rom the Bidding Documents , Including the Contr act Drawings
and Specificati ons and h as c h ecked the same In detail before submitting this Bid; th at t he stat ements
contained herein are true and correct.
(a) Corporation
The Bidder Is a corp oration orga nized and existing under the laws of the S t ate of _F_Io_r_ic_la ____ ,
which operates under the legal name of West Construction, Inc. , and
the full names of Its officers are as follows:
President Martha A. Morgm1
Secretary Matthew F. West
Treasurer Martha A. Morgan
Manager_N_IA _____________ _
20
Construcllon Sorvlcos Agroement: Revised 0615.2017
The Pres ident is authorized to sign construction bids and contracts for
the company by action of its Board of Directors taken , a certi~ieG
co~y..of-wl=l-icR-ls-l:lereto-att,(IGAe~tr.lke-Gllt-tl:lls-last-oeRteAGe-lt-.:l9t-a~~IIGal:>lef.
(b) Co-Partnership
The Bidder is a co-partnership consisting of Individual partners whose full names are as follows:
N/A
The co-partnership does business under the legal name of:
N/A
(c) lndlyldual N/A
The Bidder is an Individual whose full name is --------------• and if operating
unde r a trade name, said trade name is----------
Complete for information contained in (a) Corporation , (b) Co-Partnership or (c) Individual from previous
page.
DATED 11/2 I /20 l 7
BY :
... Witness j
We st Construction, Inc.
Legal Entity
Pre siden t
Title
21
Co nstruction So rvi ce s Agreement: Revised 0616201 7
STATE OF FLORIDA -----------------
COUNTY OF PALM BEACH
My Commission Expires:
June 3, 2019
(AFFIX OFFICIAL SEAL)
~tJ'Y Pull( MOOUEL J. OMRF.iT .,,~··"·, t> MVCOMMISSIONHF23G9'31t
"'111 -x EXPIH!:S: Juno 3, 2019
<~) c•i' Comtd 1hN 6~0\ tlOIJfY SoNk(A ~~(Of\\U'
NAM E: Racqucl J. 1Tetl
(Leg ibly Printed)
Notary Public, State of Florida
Com mission No,: FF 236934
22
Construcllon Servlcos Agreement: Revised 06152017
BID BOND
J<NOW ALL MEN BY THESE PRESENTS, that we West Co nstructi on, Inc .
(herein after called the Principal) and
Philadelphia lndcmnily Insurance Company , (herein
called the Surety), a co rp oration chartered and existin g under the laws of the State of
Pennsylvania with Its principal offices In the city of Da la Cynwyd and authorized
to do business In the State of Florida are held and firmly bound unto the
Board of Counly Commiss ioners Co llier County, Flonda {hereinafter called the Owner),
In th e full and just sum of Five Percent of Amount Bid dollars
($ 5% of Amount Bid ) good and lawful money of the United States of America, to be paid
upon demand of th e Owner, to which payment well and truly to be made, the Principal and the
Surety bind themselves, their heirs, and executors, administrators, an~ assigns, jointly and
severa lly and f irmly by these presents.
Whereas, the Principal is about to s ubmit, o r has submitted to the Owner, a Bid for furnishing all
labor, materials, eq uipment and Incidentals necessary to furnish, Install, and fully complete the
Work on the Project known as Bid No. 18-7240 Marco Island Executive Airport New
Terminal & Associated Improvements.
NOW, THEREFORE, If the Owner shall accept the Bid of the PRINCIPAL and the PRINCIPAL
shall enter Into the required Agreement with the Owner and within ten days after the date of a
written Notice of Award in accordance with the terms of such Bid, and give such bond or bonds In
an amount of 100% the total Contract Amount as specified In the Bidding Documents or Contract
Documents with good and sufficient surety for the faithful performance of the Agreement and for
the prompt payment of labor, materia ls and supplies furnished In the prosecution thereof or, In the
event of the failure of the PRINCIPAL to e nter into such Agreement or to give such bond or bonds,
and deliver to Owner the required certificates of Insurance, If the PRINCIPAL shall pay to the
OBLIGEE the fixed sum of $5% of Amount Bid noted above as liquidated damages, and not as a
penalty, as provided In the Bidding Documents, th en this obligation shall be null and void,
otherwise to remain In full force and effect. ... ~·";··· . ,,,
'()I I , ·
IN TESTIMONY Thereof, the Principal and Sure ty have caused t hese presents tQ be ·.duly· .1:. \
signed and sealed this 2 1st day of November , 20 17 . ,, ' .. , , '
' . ( ,
... ~ ~ • c :' • ,
j •' I J ; (
Princlp ~l : : . :
I I
BY (Seal)
"'
Surety
Warren M. Alter, Attorney-in-Fact (Seal)
~·WarrenM. Alter,FLResidentA ent '.· . (.
Local Resident Producing Agent for Alter Surety Group, Inc., Warren M. Alter
23
Constru ction Services Agreement: Revised 06152017
403
l'llll.AI>I<:L I'III A INOEMN ITY I NSU U ,\NC I~ COM I' ANY
One Onln l'lo7.R, Suite I 00
Dolo Cy nwyd, PA 19004-0950
l'owc r of Alloro1cy
KNOW AI.I. PP.ItSONS BY TIIBSE PRI:lSE!NTS: ·n•at PIII LADELP III A INDEMN ITY INS URANCE COMPANY (tho Company), n corpo•-ation Ol(lnni7.cd nnd
existing under chc lows of Cho Commonwen lch of Pennsylvnnln, docs hereby comui tutc nn cl oppoln c poyld '!'. Sarjnc. Wnnen M. Alter on !I Jonnthou A, J!urscv lch oC
Al!u Surety Group, In£ .. its tn1o nnd lowful Attomcy-in-fnoc whh fi 1ll nu choricy to c~ccu tc on it R beha lf boudH, uu de11oklnus, nwouni1.an ccs ond ot hor conl rocts of
inclcnmily and writings obligncory In~~~ nncuro tbc•~:of, Issued in tho cou i'SU oflts bu s!Jtcss nnd to bind tho Company thereby, In nn amount not lo CJ(Ceecl ~Z:S .OQ(),QOQ .
1l1 i~ Power or Au omcy is gmnlcd nnd is signed nnd scnlcd by fucslmilc under nnd by the nulholity of tho following Resolution ndoptcd by 1l1e Oonrd of Directors of
l'l!fLADI!I.I'II Ii\ INDI:lMN ITY INSlJRANCil COM I' ANY on tho 14111 of November, 20 16.
IU.:SO I.VED:
1.-U RT IIIm
IUO:SOLVED:
111at tllu Dou rd of Dil~:ctors hon:by nuthori?.cS lho the Presiden t or nny Vice I' resident of
lho Compnuy: (I ) Appoinl Altomcy(s) in Fr1ct nnd nuthorizo lh e Attomcy(s) In rncl lo
ox,«;u le on l>eho lf of tho Company bomiN nnd tuldcrtaklng$, con tmcts of trtdc nmity nmt
other wrilln(is ol>llgalo•y in the nn turo thereof nnd to nllnch lho ~0111 of thu Compuny
tbercco: and (2) to remove, nl nny limo, nny such All omey-i n-Pncl nnd 1-cvokc th~
ouchority given . And, l>e it
11rntlho slgnncures of such offi~'Cni ond tho sco l of tho Corn r>nny mny be om xed to uny
such Power of Allomey or cer1illcntc rclnting thereto by fncsimi le, and uny ~uc lll'ower of
Attomoy so execu lcd nnd certi fied by fncsimi!u slgontures nnd fhc sim ilo sent shn!l be
vnlid nncl binding upon thll Co mpany In lh c futuro with respect co nny bo nd or
unclortnklng to whloh Ills nllnched.
IN TBSTIMONY WHBRBOF, I'HILADEI.P HIA INDilMNITY INSURANCil COMPANY liAS CAUSBD TillS INSTRUM I3NT TO D£l SIONUD AND
ITS CORI'ORATI3 SBALTO UP. AfofolXI30 1:3Y ITS AUTIIOR IZBD OFF ICE Ti ll S 14tn DAY OF NOVBMBBR, 2016.
(Seal)
Robert D. O'l.enry Jr., Presiden t & CllO
Philncf clphia fndcmnlty Insurance Company
On thi s 14111 day of Nove mber·, 20 16, be lor-e 1nc ca me the lndivfclua l who oxcculcd lhll preceding lnslrumon t, como Jl C11IOIIAIIy known, ami being by •••e duly swom snlcl
thn l ho is the chcrc!n descri bed nnd nu ~rorl1.cd oll1ccr of tho I'll I t.AD~I,PJlli\ J N O ~MN l 'I'Y lNSUllANCE COM I'ANYi thnt tho seal nm~cd to sn id in slmmcnt Is
th e Co rporalo sea l or sn fd Compnny ; lhutthc sn ld C01110 111tu Sen I nnd his sisu111uro wc1'C duly nnixcd .
Notary Public:
residing al: Bnln Cynwyd, PA
(Nolo •y Seal)
My commission ox!1in:s: Jnmuuy 8,2018
I, Bdwn rd Snyago, COillOmte Secretory or PH ll.i\Dil LPH IA INDIJMNITY INSURANCE CO MI'ANY, do he rby certify U•nt the fo regoing re so lution of Uto Bonrd of
Dircclor1 and lh iM Power of Allomey Issued pursunnt thereto on lhis 14111 day of November, 2016 nn: true and COITCCC nnd mv slill fn 1\Jtl force and cOcci. 1 do lln1hcr
certify Chnt Robert 0. O'Leary Jr., who executed U1c Power of Allomuy ns Presiden t, wns on the date of c~cc ulinn of the nnnchccf Power of Attomcy I he du ly cleclcd
President of t>HJLI\DBLI'II!A INDt:iMNITY INSURANCI'l COMPANY.
fn Tcslimony Whereof l l111vc subscribed rny name nnd affi xed Utu fncs imll c sen! of each Co nt (Jruly thls21stdny oNove mher, 2017
I I •'
l!tlwnnl Sny~eo, Corpomlc Sccrelnry .
PIII LAI>I!:LI'Iti A I NDEMN ITY 11'/SVIt~NC I~ COMPANY'
',
THIS SHEETMUST BE SIGNED BY VENDOR
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Procureme nt Services Division
BIDDERS CHECK LIST
IMPORTANT: Please read carefully, sign In the spaces indicated and return with
your Bid.
Bidd er s hould check off each of the following items as the necessary action Is completed:
1. T h e Bid has been signed.
2. The Bid prices offered have been reviewed.
3 . T h e price extension s and t otals have been checked.
4. Any requ ired drawings, descriptive literature, etc. have been included.
5. Any delivery Information required Is Included .
6. Grant Required Bid Forms. (Certification regarding Debarment; Acl<nowledgement of
Grant Terms and Cond itions).
7. Immigration Affidavit completed and the company's E-Verlfy profile page or
memorandum of understanding
8. Certificate o f A uth ority t o Conduct Business In State of Florida and the County's
Substitute W9
9. If requi red, the amount of Bid bond has been ch ecked, a nd th e Bid bond or cashier's
check has b een included.
10. Exhibit N-Contractor's Key Personnel Assigned to t he Project
11.. Any addenda have been signed and Included.
12. The Bid will be u ploaded In tim e to be received no later than the specified opening date
and time, otherwise the Bid cannot be considered.
West Const ru ction, Inc .
Bidder Name IL~ ~/)1AAilt,L-(lJt!p;?i~ Z;~-
, Pres ident ' 1/2017
Signature & Title
Ma rtha A. Morga n
24
Construction Sorvlcos Agre eme nt: Revised 06152017
GRANT CERTIFICATIONS AND ASSURANCES
nm FOLLOWING DOCUMENTS NEim TO HE UETURNED WITH SOLlCJA'l'ION DOCU MENTS
BY ogADLJNE TO BE CONSII).l!:IUW RESJ>ONSlVE
I. Certifi cation Regarding Debarment, Suspensio n, and Oth e1· Re spo ns ibility Matters -Prima ry Covered
Tran sac ti ons
2. Acknowled geme nt of Gm nt Te rm s and Co nditi ons
Certification Regarding Debarment, Suspension, a nd Other Responsibility Matters
Primary Covered Transactions
(I) The prospective primary participant ce rti fies to the best of its kn ow le dge and be lief, that it and
its principal s:
(a) Arc not presently debar red, suspe nded, proposed fo r deba rment, decl are d in eligib le, or
voluntarily exc lude d from covered transactions by any Federal department o1· agency;
(b) Have not within a three-year period preceding th is proposa l been conv icted of Ol' had a civi l
judgment rende red aga in st them for commis~ion of fraud Ol' a cl'im inal offe nse in
connection with obt aining, attempt in g to obta in, or performing a pub lic (Federal, State or
local) transaction o1· contract under a pub lic tran sactio n; vio lat ion of Federal or State
a ntitru st statutes or comm iss ion of embezz lement, theft, forgery, bl'ibery, falsification or
destruction of re cords, muking fa lse statements, or rece iving stolen property;
(c) Are not presently indi cted fo r Ol' ot herw ise cr im inu lly or civilly charged by a govemme ntal
entity (Fede ral, Stotc Ol' lo ca l) with commission of any of the offe nses en umerated in
paragraph (l)(b) of this certification; and
(d) Have not within a three-year period precedin g thi s app licat ion/propo sal had one or more
public tran sac tions (Fede ral, State or local) terminated for cause o1· defau lt.
(2) Where the prospect ive primary participant is un ab le to certify to any of the statements in this
certitication, such prospective particiP.tmt shall attach an exp lanat ion to this Jlroposal.
Marco 1sland Executive Airport New Terminal
Martha A. Morgan & Associ11ted Improvements
Name Project Name
President 18-7240
Titl e Project Number
We s t Construct ion , Inc. 59-1809068
Firm Tax 1D Number
06-916 -389 7
DUNS Number
820 No rth 4th Street, Lantuna, FL 33462
Street Address, City, State, Zip
7/Yud~£2 '212//J,.,~A't,-_.
Sig nature (}
Martha A. Morgan , Pre sid en t
Acknowledgement of Terms, Conditions, and Grant Clauses
Flow Down of Terms und Conditions from t ho Gnmt Agreement
S ubcontracts: If the vendor subcontracts any of the work requ ir ed under thi s Agt·eemcnt, a copy
of the s igned subcontrac t must be ava il able to the Department for review and approval. The
ve nd or agrees to in clud e in the sub cont ract that (I ) the subcontracto r is bound by the terms of
thi s Agreement, (ii) the subco ntracto t· is bou nd by a ll app li cab le sta te and federal laws and
reg ulatio ns, and (iii) th e sub contractor shall hold the Depa rtment and Recipient hnrmlcss aga in st
a ll c laims of whateve r nature arising ou t of th e sub contracto r's perfot ·ma nce of work und er thi s
Agreement, to th e extent a ll owed and required by luw. The recipient sha ll doc ument in the
quartel'ly report th e subco ntrn ctor's progress in performing its work un de r thi s agreement.
For eac h sub co ntra ct, th e Recip ient shall provide a wdttcn statemen t to the Department as to
whether th e subcontracto r is n min o l'ity ve nd or as defi ned in Section 288 .70 3, Fla. Stat.
Ccrtific n tion
On behalf of my firm, J ackn owledge, and agrct: lo perform a ll of the specifications nnd gt·ant
requirements identified in thi s so licitation document(s).
Vendor/Contractor Name West Co nstru ction, Inc. Date 11/21120 17
)~ 1rj'Z de· -Ji~ /-~ .. -;~1
Authori ze d Sig natu re __ /_·~_t_.-_U_.... . .ff;"""'/t'/'l=--~?1':_~----'~'""1!""' .• _· -""/_,,ll'--"-':..C.'r_?j-71-;a_4_--_______ ___;__
Address 820 North 4th Stree t, Lantunu, FL 33462
So l ic it ati on/Co nlract # 18-7240 --------------------
-~e·r Count~y ~~.-----1\rhninlslrallvo Sflrvlms Dr vi sion
l'ur <:h m;ln(r
Memora n dum
Date: October 23, 2017
ADDENDUM #1
From :
To:
Jim Flanagan , Procurement Strategist
Interes ted Parties
Page 1 of 1
Email: jlmflanaga n@co llierg ov.net
Telep hon e: (239) 252-8946
Subject: Addendum #1-18-7240 MKY New Term inal & Associated Amenities
This ad dendum has been is sued for the following items identifying changes, deletions, or additions to th e
original solicitation docum ent and bid schedu le for the subject solicitation. Changes and addit io ns are
identified with an und erlin e and deletions have a stril<e-through .
CHANGES/ADDITIONS /DELETIONS:
A note confirming the mandatory pre-bid date. time ahd location:
Co llier County hereby adverti sed for the con struction of tho Mnrco Island Executive Ah·port (MKY) New Tenninnl
& Associated Improvements Project located in Co lli er Co unty , Flol'i da, for sca led bid s to be received no later than
November 21,2017 at 2:30p.m. loca l time.
A MANDATORY pn:·bid meeting will be held on October 30th at 9:00 a.m. at Mnrco Jslnnd
Jifxccutiyc Ajmol't Conference Room for thi s solicit atio n. Pro spective bidders mu st registe r on
mn'l&QJ.licrgo y .nc !/fll !l~.ll<l~iug by clicking on Vendor Re::gis trat ion. O nce re gis tered, int eres ted parties ma y obtain a
co mplete set of documents at: www .coll iorgov . nct/blg
Note: T/7/s note Is Issued t o reflect corrections in th e Legal Ad published In th e Naples Dally News on October 1911' and
October 20111, and subsequently corrected on October 24 11
'.
The Informatio n provided In th e so licita t ion document on the Co unty On-line Bidding System was and Is correct.
Please acl<nowiedge rec eipt of thi s Addendum with your bid proposal.
Signature
Martha A. Morgan, President
Wes t Construction, Inc.
Bidder
If you requi re additional Information, please post a question on th e Online Bidding site or co ntact me using th e above
co ntact Information .
.4rco~y
1\cln ~niH halrvo Sorvr cns Divi sion
P u 1 dlrl~ll l~l
M emorandum
Date : Octobe r 26, 2017
ADDENDUM #2
From:
To:
Jim Flanagan, Procu rement Strateg ist
Interested Parties
Pogo 1 of 1
Email: jlmflanagan@colllergov.ne t
Tel ephone: (239) 252-8946
Subject: Addendum #2 -18-7240 MKY New Terminal & Associated Amenities
This adde ndum has been Is sued fo r the following Items Identifying changes, deletions, or additions to the
origina l solicitation document and bid sc hedu le for the subj ect solici tat io n. Cha nges and add itio ns are
Identified with an underline and deletions have a strike-th rough.
CHANGES/ADDITIONS/DELETIONS:
The nttachcd prclimillary FP drawings hav e been is sued via Addend um for intormatlona l purposes only, and are not
part of the co ntract documents. The fi re pro te ction con tractor shall issue co mplete fire protec tion shop dra wings for
approval in accordance with till applicable codes as pa rt of the sub mittal process. The shop drawing submittal shall
inc lude byd ruu li c calcu lations, current flow tes t data , all pa·oducts and materia ls prop osed for ·fire prot ect ion system,
fire prote ction pla ns, and deta ils.
Attachment: FOO I r I 0 I, F I 02, PSO I, F502 for informational puq>oscs on ly
Please acl<nowledge receip t of this Addendum with your bid proposal.
r~)1?f?t ~o. ?},~~·· ~//
Signature
Martha A. Morg!ln , President
West Co nstruction, Inc.
Bidder
If you require additional Information, please post a question on the Onlin e Biddin g si te or con tact me using th e above
contac t Inform at ion.
co'lEe·r Count.Y
--~·~.--. 1\chninir,tmtrve Sr-Jrvla~s Oivi slon
Pllrt:llnm lln
ADDENDUM #3
Memorandum
Date: Novembe r 08, 2017
From:
To:
Jim Flanagan, Procurement Strategist
Interested Parties
Page 1 or 1
Ema il : jlmflanagan@col llergov.net
Telephone: (239) 252-8946
Subject : Addendum #3 -18-7240 MKY New Terrnlnal & Associated A menities
T his adde ndum has been iss ued for the following It ems Identifying chang es, deletions, or addition s to the
orig inal solicitation document and bid schedule for the s ubject solicitation. Changes and additi ons are
Identified with an underline and deletions h ave a strike-through.
CHANGES/ADDITIONS/DELETIONS:
)> Changes, revi sion s and correcti ons refl ected in the attached docume ntation
o Adde ndum #3 - Sum mary of Changes
o Addendum #3 -Spec-TOC-Table of Co ntents
o Adde ndum #3-Spec-085113
o Adden dum #3-ARCHITECTURAL DRAWINGS
o Addendum #3-C IV IL DRAWINGS
)> Addendum #3-Revised Bid Schedule
).> Attached for Inform ational purposes on ly: Geotechni ca l Repo rt
~ A lso attached: 10-30-17 Pre-bid Agenda, Minutes and Sign-I n
~ Bidders Questions and Answers:
o The Deadlin e for Bidder's Questions will close Thursday November 9 at 5:00 pm . A ll
Bidder's Q uestion s are to be submitted on-line th roug h th e Colli er Co unty Online Bidding
System . Answers will be provided on-li ne. Please re fe r to Solicitation 18-7240 MKY New
termi nal & A ssocia ted Amenities -Q&A. Questions and Answers are hereby
incorporated as part of the bi d.
Please ack nowledge receipt of this Adde ndum with you r bid proposal.
7ft tU{fitLl1 /lltrJ3·"'.fi"-'f'L--·
Signature ~
Mmtha A. Morga n, Pre sident L
West Co nstruction, I nc.
Bidder
If you require additiona l Inform ati on, please pos t a question on th e Online Biddi ng site or co ntac t me Lrsl ng the
above co ntact inform ati on.
co1N~Y County
---···-~. /\dmi nlsltu hvfl SeNir..es Div1 eion
f>IU CIIIISII I{I
ADDENDUM #4
Memo1·andum
Date: November 14, 2017
From:
To:
Jim Flanagan, Procurement Strategist
Interested Parties
Pogo 1 or 1
Email: jlmflanagan@colliergov .net
T elephone: (239) 252-8946
Subject: Addendum #4 -18-7240 MKY New T ermi nal & Associated Amenities
This addendum has been issued for the fo llowing items Identifying changes, deletions, or add itions to the
original solicitation document and bid schedule for the subject solicitation. Changes and additions are
Identified with an underline and deletions have a strike-through.
CHANGES/ ADDITIONS/DELETIONS:
};> LEED Certification is not applicable to this project. Delete reference to LEED Certification
throughout the Project Manual, Including but not limited to Section 018113 (Sustainable Design
Requirements) and associated LEED Checklist, Paragraph 1.01.H (Submittals) of Sectio n 042200
a nd Pa ragra pi1 1.6.G (LEED Subm ittal) of Section 01741 9.
};> Bidders Questions and Answers:
o The Deadline for Bidder's Questions closed T hu rsday November 9 at 5:00 pm . All
Bidder's Questions have been answered. Please refer to Soli c itation 18-7240 MKY New
t erminal & Associated A me nities -Q&A. Questions and Answers are hereby
incorporated as part of t h e bid.
Please ac kno wledge rece ipt of this Addend um with your bid proposal.
11£Jl_,dt@""JJU?J7~~(...--
Sig nature "
Marlha A. Morgan, Preside nt ·"'
West Co nstruct ion, Inc.
Bidder
If you req uire additio nal information, plea se pos t a ques tion on the Online Bidd ing site or contac t me using the
above con tac t Information.
CONSTRUCTION AGREEMENT
THE BOARD OF COUNTY COMMISS IONERS OF COLLIER COUNTY, FLORIDA, ("Owner")
hereby contracts with West Construction, Inc. ("Contractor") of 820 North 41th Street,
Lantana , Florida 33462, a Corporation, authorized to do business in the State of F lorida, to
perform all work ("Work") in connection with Marco Island Executive Airport New Terminal &
Associated Improvements, Invitation to Bid No. 18-7240 ("Project"), as said Work is set forth
in the Plans and Specifications prepared by Atkins North America, the Eng ineer and/or
Architect of Re cord ("Design Profe ssional") and other Contract Documents hereafter specifi ed .
Owner and Contractor, for the consideration herein set forth, agree as follows:
Section 1. Contract Documents.
A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6
hereof, the Legal Advertisement, the Bidding Documents and any duly executed and issued
addenda , Change Orders, Work Directive Changes, Field Orders and amendments relating
thereto. All of the foregoing Contract Documents are incorporated by reference and made a
part of this Agreement (all of sa id documents including the Agreement sometimes being referred
to herein as the "Contract Documents" and som etimes as the "Agreement" and sometimes as
the "Contract"). A copy of the Contract Documents sha ll be maintained by Contractor at the
Project site at all times during the performance of the Work.
B . Owner shall furnish to the Contractor one reproducible set of the Contract Documents
and the appropriate number of sets of the Construction Documents, signed and sealed by the
Design Professional, as are reasonably necessary for permitting .
Section 2. Scope of Work.
Contractor agrees to furnish and pay for all management, superv1s1on , financing, labor,
materials, tools, fuel , supplies, utilities, equipment and services of every kind and type
necessary to diligently, timely, and fully perform and complete in a good and workmanlike
manner the Work required by the Contract Documents.
Section 3. Contract Amount.
In consideration of the faithful performance by Contractor of the covenants in this Agreement to
the full satisfaction and acceptance of Owner, Owner agrees to pay, or cause to be paid, to
Contractor the following amount (herein "Contract Amount"), in accordance with the terms of
this Agreement: Nine Million Three Hundred Ninety-S ix Thousand Two Hundred
Sixty-Three Dollars and Ten Cents ($9,396,263.10)
Section 4. Bonds.
A. Contractor shall provide Performance and Payment Bonds, in the form prescribed in
Exhib it A , in the amount of 100% of the Contract Amount, the costs of which are to be paid by
Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized
to do business in the State of Florida and otherwise acceptable to Owner; provided , however,
the surety shall meet the requirements of the Department of th e Treasury Fiscal Service,
"Compan ies Holding Certificate s of Authority as Acce ptable Sureties on Federa l Bonds and as
Acceptable Reinsurance Companies" circular . This circu lar may be accessed via the web at
25 ~
Con stru clion Se rvi ces Agree ment: Revi sed 06152017 ®
www.fms .treas .gov/c570/c570.html#certified. Should the Contract Amount be less than
$500,000, the requirem ents of Section 287.0935, F.S. shall govern the rating and classification
of the surety.
B . If the surety for any bond furnished by Contractor is declared bankrupt, becomes
insolvent, its right to do business is terminated in the State of Florida , or it ceases to meet the
requirements imposed by the Contract Documents, the Contractor shall, within five (5) ca lendar
days thereafter, substitute at its cost and expense another bond and surety, both of which shall
be subject to the Owner's approval.
Section 5. Contract Time and Liquidated Damages.
A Time of Performance.
Time is of the essence in the performance of the Work under this Agreement. The
"Commencement Date" shall be established in the written Notice to Proceed to be issued by the
Project Manager, as hereinafter defined. Contractor shall commence the Work within five (5)
calendar days from the Commencement Date . No Work shall be performed at the Project site
prior to the Commencement Date . Any Work performed by Contractor prior to the
Commencement Date shall be at the sole risk of Contractor. Contractor shall achieve
Substantial Completion within three hundred twenty (320) ca lendar days from the
Commencement Date (herein "Contract Time"). The date of Substantial Completion of the
Work (or designated portions thereof) is the date certified by the Design Professional when
construction is sufficiently complete, in accordance with the Contract Documents, so Owner can
occupy or utilize the Work (or designated portions thereof) for the use for which it is intended .
Contractor shall achieve Final Completion within forty-five (45) calendar days after the date of
Substantial Completion . Final Completion shall occur when the Agreement is completed in its
entirety, is accepted by the Owner as complete and is so stated by the Owner as completed. As
used herein and thrOl.ghout the Co ntract Documents , the phrase "Project Manager" refers to the
Owner's duly authorized representative and shall mean the Division Administrator or
Department Director, as applicable, acting directly or through duly authorized representatives .
B . Liquidated Damages in General.
Owner and Contractor recognize that, since time is of the essence for this Agreement , Owner
will suffer financial loss if Contractor falls to achieve Substantial Completion within the time
specified above, as said time may be adjusted as provided for herein. In such event, the total
amount of Owner's damages, will be difficult, if not impossible, to def initely ascertain and
quantify. Should Contractor fail to achieve Substantial Completion within the number of
calendar days established herein , Owner shall be entitled to assess, as liquidated damages, but
not as a penalty, Three Thousand Six Hundred Forty-Five ($3,645.00) for each calendar day
thereafter until Substantial Completion is achieved . Further, in the event Substantial
Completion is reached , but the Contractor falls to reach Final Completion within the required
time period , Owner shall also be entitled to assess and Contractor shall be liable for all actual
damages incurred by Owner as a result of Contractor failing to timely achieve Final Completion .
The Project shall be deemed to be substantially completed on the date the Project Manager (or
at his/her direction, the Design Professional) issues a Certificate of Substantial Completion
pursuant to the terms hereof. Contractor hereby expressly waives and relinquishes any right
which it may have to seek to characterize the above noted liquidated damages as a penalty,
which the parties agree represents a fair and reasonable estimate of the Owner's actual
damages at the time of contracting if Contractor fai ls to Substantially or Finally Complete the
Work within th e required time pe ri ods .
26
Constru ctio n Services Ag ree ment : Revised 061 520 17
C. Computation of Time Periods.
When any period of time is referenced by days herein, it shall be computed to exclude the first
day and include the last day of such period . If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday by the law of the appli cable jurisdiction,
such day shall be omitted from the computation , and the last day shall become the next
succeeding day which is not a Saturday, Sunday or legal holiday.
D. Determination of Number of Days of Default.
For all contracts, regard less of whether the Contract Time is stipulated in calendar days or
working days, the Owner will co unt default days in calendar days.
E . Right of Collection .
The Owner has the right to apply any amounts due Contractor under this Agreement or any
other agreement between Owner and Contractor, as payment on such liquidated damages due
under this Agreement in Owner's sole discretion . Notwithstanding anything herein to the
contrary , Owner retains its r ight to liquidated damages due under this Agreement even if
Contractor, at Owner's election and in its sole discretion , is allowed to continue and to finish the
Work, or any part of it, after the expiration of the Contract Time Including granted time
extensions.
F. Completion of Work by Owner.
In the event Contractor defaults on any of its obligations under the Agreement and Owner elects
to complete the Work, in whole or in part , through another contractor or its own forces , the
Contractor and its surety shall continue to be li able for the liquidated damages under the
Agreement until Owner achieves Substantia l and Final Completion of the Work. Owner will not
charge liquidated damages for any delay in achieving Substantial or Final Completion as a
resu lt of any unreasonable action or delay on the part of the Owner.
G . Final Acceptance by Owner.
The Owner s hall consider the Agreement complete when the Contractor has completed in its
entirety all of the Work and the Owner has accepted all of the Work and notified the Contractor
in writing that the Work is complete. Once the Owner has approved and accepted the Work,
Contractor shall be entitled to final payment in accordance with the terms of the Contract
Documents.
H. Recovery of Damages Suffered by Third Parties.
Contractor shall be liable to Owner to the extent Owner incurs damages from a third party as a
result of Contractor's failure to fulfill all of its obligations under the Contract Documents.
Owner's recovery of any d elay related damages under this Agreement through the liquidated
damages does not preclude Owner from recovering from Contractor any other non -delay related
damages that may be owed to it arising out of or relating to this Agreement.
Section 6. Exhibits Incorporated.
Exhibits Incorporated: The following documents are expressly agreed to be incorporated by
reference and made a part of this Agreement for Solicitation 18·7240 Marco Island Executive
Airport New Terminal & Associated lmpr01ements.
Exh ibit A:
Exhibit 8:
Exhibit C :
Exhibit D:
Performance and Payment Bond Forms
Insu rance Requirements
Release and Affidavit Form
Contractor Application for Payment Form
27
Const ru ctio n Services Agreement : Revised 06152017
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H :
Ex hibit 1:
Ex h ibit J:
Exhibit K :
Exhibit L :
Exhibit M:
Exhibit N:
Change Ord er Form
Certificate of Substantial Comp letion Form
Final Payment Checklist
General T erm s and Co nd itions
Supple mental Terms and Conditions
Technica l Specifications
Permits
Standard Detai ls (if app li cable)
Plans and Specifications prepared by and id ent ifi ed as foll ows:
New Terminal Facility and Associated Improvements as shown on
Plan Sheets 1 through 345 as iden t ified per Cover Sheet and G.01 .01 .
Co ntracto r's Li st of Key Personnel
Section 7. Notices
A. A ll noti ces required or made pursuant to this Agreement by the Contract or t o th e Owner
sha ll be shall be deemed duly served if delivered by U .S . Mail, E-mail or Facsimi le , addressed
to the following :
Collier County Board of County Commissioners, Florida
c/o Airport Authority
2005 Mainsail Drive, Suite #1
Naples, Flo rida 34114
Attention: Justi n Lobb, Manager
Telephone: (239) 642-7878
Ema il : Justin .Lobb@colliercountyfl.gov
B. A ll notices required or mad e pursuant to this Agreement by Owner to Co ntract o r sh all be
made in writing and shall be deemed duly served if delivered by U.S. Mail, E-mail or Facsimile,
addressed to the following :
West Construction, Inc.
820 North 41h Street
Lantan a, Florida 33462
Atte nti on : Martha A Morg an , President
T elephone: (561) 588-2027
Fax: (561) 582-9419
Email: Mamorqan@westconstructioninc.net
C. Either party may change its above noted address by giving w r itten notice to th e oth er
party in accordance with th e requ irements of this Sect ion .
Section 8. PUBLIC ENTITY CRIMES.
8.1 By its execution of this Contract, Construction Contractor acknowledges th at it has been
informed by Owner of the terms of Section 287.133(2)(a) of t he Florida Statutes w hich read as
follows:
"A person or affi li ate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to
provide any goods or services to a public entity for the constru ction or repair of a
public building or publ ic work, may not submit bid s on leases of real property to
28 Q
Consii'\.I Ctlo n Services Agreeme nt: Revise d 06 152017 ~
a public entity, may not be awa rded or perform work as a con tracto r, su ppli er,
subcontractor, or consultant under a contract with any public entity in excess of
the threshold amount provided ins. 287.017 for CATEGORY TWO for a period
of 36 months from the date of being placed on the convi cted vendor list."
Section 9. Modification.
No m od ification or chang e t o th e Agreement shall be valid or bindin g upon the pa rti es unless in
writing and executed by the party or parties intended to be bound by it.
Section 10. Successors and Assigns.
Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the
benefit of the successo rs and assigns of the parties to the Agreement.
Section 11 . Governing Law.
Th e Agreement shall be interpreted under and its performance governed by the laws of the
State of Florida .
Section 12. No Waiver.
The failure of the Owner to enforce at any time or for any period of time any one or more of the
provisions of the Agreement shall not be co nstrued to be and shall not be a waiver of any such
provi sion or provisions or of it s right thereafter to en force each and every such provision .
Section 13. Entire Agreement.
Each of th e parties hereto ag rees and represents that the Agreement comp rises th e full and
entire agreeme nt between the parties affecting the Work con templated, and no other agreement
or understand ing of any nature co ncern ing the same has been e ntered into or will be
recog ni zed, an d that all negotiatio ns, acts, work performed, or paymen ts made prior to the
execution hereof shall be deemed merged in, integrated and superseded by the Agreement.
Section 14. Severability.
Shou ld a ny provision of th e Agreement be determined by a co urt to be unenforceable , such a
determination shall not affect the validity or enforceab i l~y of any other sect ion or part th e reof.
Section 15. Change Order Authorization.
Th e Project Manager shall have the authority on behalf of the Owner to execute all Chang e
Orders and Work Directive Changes to th e Agreement to the extent provided for under the
Owner's procu rement ordinance and policies and accompa nying admin istrative procedures.
Section 16. Construction.
Any doubtful or ambiguous la ngu age con tain ed in th is Agree ment sha ll not be constru ed aga in st
the party who physically prepared th is Agreement. Th e rule sometim es referred to as "fortius
contra proferentum" (pursuant to which ambiguities in a contractual term w hich appears on its
face to have been inserted for the benefit of one of th e parties shall be construed against th e
benefited party) shall not be applied to th e constru ction of this Agreement.
29
Construction Services Agreement: Revise d 06 152017
Section 17. Order of Precedence
In the event of any conflict between or among the terms of any of the Contract Documents, the
terms of the Construction Agreement and the Genera l Terms and Conditions shall take
precedence over the terms of all other Contract Documents, except the terms of any
Supplemental Conditions shall take precedence over the Construction Agreement and the
General Terms and Conditions . To the extent any conflict in the terms of the Contract
Documents including the Owner's Board approved Executive Summary cannot be resolved by
application of the Supplemental Conditions, if any, or the Construction Agreement and th e
General Terms and Conditions, the conflict shall be resolved by imposing the more strict or
costly obligation under the Contract Documents upon the Contractor at Owner's discretion .
****
30 ~
Constru ctio n Services Agreement: Revised 061520 17 ~:.::;
IN WITNESS IJVHEREOF , th e parties have executed this A~jreernent on the date(s)
Indicated below.
Aurora Vega
, ~~~ Prln} Na: ,,~,1_~
SECOND W ITNESS
Marie T. West
Print Name
Da te:----------
ATTEST:
OF
Dwight E. Brock , Clerk
BY : ----------------
App roved as to Form and Legality:
A ssistant County Attorney
P rint Name
CONTRACT OR:
By:
A. Morgan,
Print Name and T itle
OWNER:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY FLORIDA
BY:
Andy Solis, E sq ., Chairman
Date : _____ _
31
Co nslrucllon Services Agr eo·11o nl: Ro vlsed 0 01520 17
1 •
''·'
----·-·---------,
eXHIE!IT A 1: PUBLIC PAYMENT BONO
Marco Island Executive Airport New Term Ina. I & Associated Improvements
Bpnd No,: PB12159900138
Cc.mttat{No. 1!!::7210
KNOW ALL MEN. BY THESE PRESENTS: That West Construction •. Inc ...
....,;.~':";:';:==~~~-:-"""""~"'::""-,--'--,__,,.· ""·.,..· ~~....,;.-..c~-"' .. ~·. ,: as Pnnclpal, aod
.· Philadelphia lrid~mnity Insurance cllmoany · ; . J:~ii ·.Surety;
loCated -at One Bala Plaza: Suite 100· Bala Cynwyd. PA 19004~1403 . · .. (Buslness
Address) are held and firmly bound to . • . . .... as Obligee In the
SUm Of Nine Million Three H~:~ndred Ninety-Six Thousand Two 1-jundred Sixty-Th(e_e __ <$.._101_100 {$ 9 396 263 10 ) for the
payment Wh&tli!Of we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
...• ~=::>. ,.
'The Board of County Comn'lissiorlers:'bfColliei County;.Fiorid~ · ...
**Marco Island Exe·cutive Aiiport New Terni.lnal ~:ASsoCiated lnip~ovemerlts, Invitation to. 'Bid No.: 18-724Cf·:·:
The provlatona and lllllhltlona of aecllon 2~5.05 Flol'ldt
Statutes; Including but not limited to the n611ce arui time
.· ·• · •· llniitatliln•••~"Sil!ltro.-zs~ostarand zss,($1101• ,,.
· Incorporated. Iii thla. bQil~ lit~ftrtnc&. . •
' ~-: .
.. ·
:··
· ..
Signed . see~lect ~ncl del ivered
in the presence of:
.. . . . . . . . . . . . .
..........
. . .
.::'•
".· .... ,
PR INCIPAL
W~st Construction, Inc : ..
~··· .. /} . "BY:· l_, . .• .... -·· . . .. ·NAME::~~
ITS ; i;[~_~jgeot . .
. ,•
-~-
-~
OR
·· ..
:'
........ .. . ... .. . .... .
.. .. ··~ • • : .:··. • • .• :· i:· •• : • : .. ~::. .
·-:: .. f»iFfi~:Q:~F(~fAt; S~k).>··. ····-· ·. ·.. ·:· .. . ,• . ·. . .•.· ··'·:-.··
JL--~
• '{ m • • •
A& Attor.n~y in Fact
(Attach Power of Attorney)
. Warren M . A!ter, Attorney-In-fact
,!, 4. . -----..-
',"Wr~n~e.d, W:t\11~}·
One Bala Plaza, Suite 100
Bal g Cyowyd. PA 19004-1403
(Business Address}
(610) 206-7836.'
.:~ .. "·::~·:.
•\r·::-·. ''
64
PHILADELPIIIA INDEMNITY INSURANCE COMPANY
One BaJa Plaza, Suite !00
BaJa Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws ofthe Commonwealth of Pennsylvania, does hereby constitute and appoint David T. Satine. Warren M. Alter and Jonathan A. Burscvich of
Alter Surety Group. Inc .. its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amoWlt not to exceed $25.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14m of November, 2016.
RESOLVED:
FURTHER
RESOLVED:
That the Board of Directors h.ereby authorizes the President or any Vice President of the
Company: (I) Appoint Attomey(s) in Fact and auth.orize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undertakings, contracts of indemnity and
other writings obligatoty in the nature thereof and to attach the seal of the Company
thereto; and (2} to remove, at any tUne, any such Attorney-in-Fact and revoke the
authority given. And, be it
That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shalt be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED TillS INSTRUMENT TO BE SIGNED AND ITS
CORPORATE SEAL TO BE AFFIXED BY ITS AUTIIORIZED OFFICE TillS 27'" DAY OF OCTOBER, 2017.
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 271.h day of October, 2017, before me came the individual who executed the preceding instrument. to me personally known, and being by me duly sworn said
that he is the therein descnbed and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the C01porate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
residing at: Bala Cynwyd. PA
(Nolary Seal)
My commission expires: Sentember 25 2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certifY that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 27th day of October, 2017 are true and correct and are still in full force and effect. I do further
certifY that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected
President of PHILADELPHIA INDEMNITY INSURANCE COMPANY,
In Te.<:timony Whereof I )la"e subscribed my name and affixed the facsimile seal of each Company this __ day of __ , 20 __ .
Edward Sayago, Corporate Secretary
PHILADELPHIA INDEMNITY INSURANCE COMPANY
i·
i:
! .
'.
EXHIBIT A 2: PUBLIC PERFORMANCE OONO
Ma1•co Island ExacutlV!i Airport New Terminal & Assodafed lmprovemeiJts
Eion<:l No. PB12159900138
ComractNo. 18;·7240
KNOW ALL MEN BY TH~SE pRg$SNTS; That . West C9nstructipn Inc.
_....,...;;_-.,.-...,.,-~·-··--.-.--""' as . Prlllelpaf; · J;lrld Philadelphia Indemnity Insurance CompahY
-'-::'--.,"'-::-:---':"":-.c.;;...--,'0-~---'"' · · as · $iJ.i'~ty; too~teci ·· · at
One Bala Plaza, Suite 1 OO· Bala Cynwyd, PA 19004-1403 ____ _
(Business Address) are held and finnly
The Board of County_ Commissioners of.9ollier cowtv Florida as Obligee
Nine Million Three Hundred Ninety-Six Thousand Two Hundred Sixty-Three & 10/10Q
ti6und to
In the sum of
($ 9,396 263 1 o I for-the payment whereof we bone! ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally,
PRINCIPAL
STATE. OF Florida
COUNTY .OF ...;M.;.;.;.ia::.;;m;.;.;..i ....;-D~a:.;;.de::......~~-
as
"'"'-~:;...,c;,t.-....s...:u.A...L-h.-J~~~~-:---' a·
js. persQnaUy·
·· · .as ..
. . . . .
'-:t~f~9f.:FJPj~~,~~kt.; ·:·
. . . ···. . . '': . • .. • .• ·~ .
ATTEST : As Per Attached Power of Attorney
·:···
· .. :·: ·.:;·.· ..... .
-:.
. ~
SURETY:
Philade lp hia In demnity lnsyraoce Company
(P:rlnted Name) .
Warren M ~ Florida Res ident A ent
(Pr inted Name
OR
.... ~
,A~:AUom~~1n .. Eaof .. -~ ··-·· ~ · .~ · · : ' · ·
·. :(A~acti"P.f?~~r ·ot~ttqrn~1: :··' · .
. '! · .. • . •·· .•. :.-.:-· .. · ... :··" .. .J·.:·· .....
· · .·~·w~r~er{ M:=· Ai"t~/· .. . : ... '.~~':;~ ... ·. ..::~ .. , :. · .. : .... : .. . · ::;~rl:.~~':;~:~;~:;~~:-~:=-;_· ·::·~:;=_::::::;~,.:-~~:~::.,:
'· :~ann;$ii6ii''LR:t\"l~~--l~fl~k····'·:· · ·i··•••tz.:
• '',!,',,._~, "':! ••·,,, !;. ,.,, '• ,.,,. . .,...,. ' ..... l·•..t.· uot.••''~:·, .... ···--·Lu.,..,; . . . : ... . .. . . . . -.
:. · \B~If.i\SS!Md!$))'·· : ... .-:.: ::···<··, .. ··.~·
. : . :: ~~·~;-~~?·~:~~~~::~::-:·~ :.:~~:~·.:: .... · ... :.·: · . .:ii:: .. ·.=::·; :i.~;~·-:
. ?(-r.em·~:m.one-·Nurnm)' ·· .7< ·· . •. ·.· ··· ,:.:; .. ,_.-. ::·-~---~r ::;·~-·-· ... =-.. -~ ·":'"~·-:~-~----;_:: ~+-: . . · ..
:·:···:·:·:.:: .....
··: .
• !:'.!•
. . : .. _ ...
•• • • a.. ••• • . ..: . ' . . . .· ... ·:· . . ·. ·: .. · .. !91 ·:
··g~~si!UCUofi~o~.~ir~~~-r)l~~fR.~~ist~.11~1~101":·
:. ·:·
;::;s_. ...
~{;:
64
PHILADELPHIA INDEMNITY INSURAl'ICE COMPANY
One Bala Plaza, Suite 100
Bala Cynwyd, PA 19004-0950
Power of Attorney
KNOW ALL PERSONS BY THESE PRESENTS: Titat PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and
existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint David T. Satine. Warren M. Alter and Jonathan A. Bursevich of
AJter Suretv Group. Inc .. its true and lawful Attomey~in~fact with full authority to execute on its behalf bonds, lUldertakings, recognizances and other contracts of
indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25.000.000.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of
PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14thofNovember, 2016.
RESOLVED'
FURTHER
RESOLVED:
That the Board of Directors hereby authorizes the President or any Vice President of the
Company: (I) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to
execute on behalf of the Company bonds and undettakings, contracts of indemnity and
other wlitings obligatory in the nature thereof and to attach the seal of the Company
thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the
authority given. And, be it
That the signatures of such officers and the seal of the Company may be affixed to any
such Power of Attorney or certificate relating thereto by facsimile, and any such Power of
Attorney so executed and certified by facsimile signatures and facsimile seal shall be
valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED TillS INSTRUMENT TO BE SiGNED AND lTS
CORPORATE SEAL TO BE AFFlXED BY lTS AUTHORIZED OFFICE TillS 27'" DAY OF OCTOBER, 20!7.
(Seal)
Robert D. O'Leary Jr., President & CEO
Philadelphia Indemnity Insurance Company
On this 27th day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said
that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is
the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affixed.
Notary Public:
residing at: Bala Cynwyd. PA
(Notary Seal)
My commission expires: Sentember25 2021
I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certifY that the foregoing resolution of the Board of
Directors and this Power of Attorney issued pursuant thereto on this 27 111 day of October, 2017 are true and correct and are still in full force and effect. I do further
certifY that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected
President ofPHILADELPHIA INDEMNiTY INSURANCE COMPANY,
In Testimouy Whc.'fe<'Jf I have subscribed my name and affixed the facsimile seal of each Company this __ day of __ , 20 __ .
Edward Sayago, Corporate Secretaty
PHILADELPHIA INDEMNITY INSURANCE COMPANY
EXHIBIT B : INSURANCE REQUIREMENTS
The Vendor sh all at its own expense, ca rry and maintain insuran ce coverage from respons ible compa nies duly
authorized t o do business in th e State of Florida as set forth in EXHIBIT B of this solicitatio n. The Vendor sh all
procure and maintain property insurance upon the entire project, if required, to the full insurable v alue of the
scope of work.
T he County a nd th e Vendor waive against each other and the County's sepa rate Vendors, Contractors , Design
Consultant, Subcontractors, agents and employees of each and all of them, all damages covered by property
insu rance provided herein, except such rights as they may have to the proceeds of such insurance . T he
Vendor and County shall, where appropriate , require simila r waivers of subrogation from the Co unty's separate
Vendors, Design Consu ltants and Subcontractors and s hall req uire each of th e m to Include simil ar waivers in
th eir contract s.
Co llier Co un ty shall be responsible for purchasing and maintaining i1s own liability insu ran ce .
Ce rtificates issued as a result of the award of th is solicitation must identify "For any and all work perfo rm ed on
behalf of Co lli er County", or, t he specific solicitation number and title .
The General Liability Po licy provided by Vendor to meet the req uirements of this solicitati on shall name Collier
County, Florida , as an additional insured as to the operations of Vendor under thi s sol ici t ation and shall contain
a severabil ity of in t erests provisions.
The Ce rt ificate Holder shall be named as Co llier Co unty Board of County Commissioners, OR, Board of
County Commiss ioners in Collier Cou nty, OR Co llier County Government , OR Col lie r County . The Certificates
of Insurance must state the Contract Numb er, or Proj ect Number, or specific Project description, or must read :
For any and all work performed on behalf of Colli e r County.
The amoun t s and types of insurance coverage sha ll conf orm t o the minimum requirements set forth in
EXHIB IT B with th e use of Insurance Se rvices Office (ISO) forms and endorsements or th eir equivalents. If
Vendor has any self-insured retentions or deductibles under any of the below listed minimum requi red
cove rage , Vendor must identify on the Certificate of Insurance the nature and amount of such self-insured
retentions or deductibles a nd provide satisfactory ev idence of financia l responsibility for such obligations. A ll
self-insu red retentions or deductibles w ill be Vendor's so le responsibi lity.
Coverage.(§l shal l be maintained without inte rrup t ion from the date of commencement of the Work until the
date of co m pletion and acceptance of the scope of work by the Cou nty o r as specified in this so li citation~
whichever is longer.
Th e Vendor and/or its insurance ca rri er sh a ll provide thirty (30) days written notice to the County of policy
cancellation o r non-renewal on the part of the insurance ca rri er or the Vendo r. The Vendor shall also notify th e
County, in a like man ne r, within twenty-four (24) hours after receipt, of any n otices of expiration , cance ll ation ,
non-renewal or material change in coverage or limits rece ived by Ve nd or from its insurer and nothing
contai ned herei n shall re lieve Vendor of thi s req uirement to provide noti ce . In the event of a red uction in the
aggregate limit of any policy to be provid ed by Ve nd or hereunder, Vend or sh all immediately t ake st eps to have
the agg regate limit reinstated to the full extent permitted under such policy .
Should at any time the Vendor not maintain the insurance coverage.(§l requ ired herein, the County may
terminate the Agreement or at its sole discretion shall be auth orized to purchase such coverage.(§l and charge
the Vendor for such coverage.(§l purchased . If Vendor fai ls to reimburse th e County for such costs within thirty
(30) days after demand, the County has the right to offset th ese costs from any amount due Vendo r unde r this
38
Constru ction Services Agree ment: Revised 06 152017
~
Agreement or any other agreement betwee n the County and Vendor. The County shall be under no obligation
to purchase such insurance, nor shall it be responsible for the coverage.{§l purchased or the insurance
company or companies used. The decision of the County to purchase such insurance coverage.{§l shall in no
way be construed to be a waiver of any of its rights under the Contract Documents .
If the initia l or any subsequently issued Certificate of Insurance expires prior to the completion of the scope of
work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of Insurance not later than
ten (1 0) calendar days after the expiration date on the certificate. Failure of the Vendor to provide the County
with such renewal certificate(s) shall be considered justification for the County to terminate any and all
contracts.
39
Constru ction Se rvices Agreeme nt: Revised 06152 017
Insurance I Bond Type
1. 181 Worker's
Compensation
2. 181 Employer's Liability
3. 181 Commercial General
Liability (Occurrence Form)
patterned after the current
ISO fo rm
4. 18l lndemnlfication
5. 181 Automobile Liability
Collier County Florida
Insurance and Bonding Requirements
Req uired Limits
Statutory Limits of Florida Statu tes, Chapter 440 and all Federal Government
Statutory Limits and Requi rements
$ i1 ,ooO,OOO slngle limit per occurrence
Bodily Injury and Property Damage
$ 2,000,000, sing le limit per occurrence, $2,000,000 agg regate for Bodily Injury
Liability and Property Damage Liability. This shall Include Premises and
Operations; Ind ependent Con tractors; Produc ts and Comp leted Operations
and Contractual Liability.
To the maximum extent permi tted by Florida la w, the
Contractor/Vendor/Vendor shall defend, Indemnify and hold harmless Collier
County, Its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys' fees and
paralegals' fees, to the extent caused by the negligence, recklessness, or
Intentionally wrongful condt1c t of the Contractor/Vendor/Vendor or anyone
employed or utilized by the Cont ractor/Vendor/Vendor In the performance of
this Agreement.
$ '2,000,000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
6. 181 Other Insurance as 0 Watercraft
noted :
$ ____ Per Occurrence
0 United States Longshoreman 's and Harborworker's Act coverage shall be
maintained where applicable to th e completion of the work.
$ Per Occurrence
0 Maritime Coverage (Jones Act) shall be maintained where applicab le to
the comp letion of the work .
$ Per Occurrence
0 Aircraft Li ability coverage shall be carried In limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ ____ Per Occurrence
0 Technology Errors & Omissions
f.8l Cyber Insurance
$ 1 ,000.000 Per Occurrence
$ 1.000.000 Per Occurrence
0 Pollution $ ____ Per Occurrence
0 Professional Liability $ ____ Per claim & In the aggregate
• $1,000,000 per claim and In the aggregate
• $2,000,000 per claim and In the aggregate
0 Project Profe ssio nal Liability $ Per Occurrence
0 Employee Dishonesty I Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Inc lu de a Joint Lo ss
Payee endorsemen t naming Collier County.
40
Constru cllon Servlo es Agreem ent: Rovlscd 06152017
7 . 181 Bid bond
8. 181 Performance and
Payment Bonds
0 Valuable Papers Insu rance $ ____ Per Occurrence
Sha ll be sub mitted with proposa l respo nse In the form of certi fi ed funds,
cas hi ers' checl< or an Irrevocab le letter of credit, a cash bo nd posted with th e
County Clerk, or proposal bond In a sum equa l to 5% of th e cos t proposal. All
checl<s shall be made payable to the Collier CoLmty Board of Co unty
Commissioners on a bank or tru st company loca ted In th e State of Florida an d
Insured by th e Federal Depos it In surance Co rp oration.
For projects In excess of $200,000, bonds sl1all be submitted wi th the
executed contract by Proposers rece iving awar d, and written for 100% of th e
Contract award amount, th e cos t born e by the Proposer recei ving an awar d.
Th e Performance and Payment Bonds shall be underw ri tt en by a su rety
au th orized to do busi ness In the State of Florida and oth erwise acceptable to
Owner; provided, however, the surety shall be rated as "A-" or better as to
ge nera l policy holders rating and Cl ass V or higher rating as to fin ancial size
category an d th e amou nt required shall not exceed 5% of the reported policy
holders' sur plu s, all as reported In th e most curre nt Best l<ey Rating Guide ,
published by A.M. Best Company, Inc. of 75 Ful ton Street, New York, New
York 10038.
9. 181 Vendor shall ensure th at all subcon trac tors comply with the same In suran ce req uir eme nts that he Is required to
meet. The same Vendor shall provide Co unty with certif ica tes of Insurance me eting th e req uired Insurance pr ovis ions.
10. 181 Collier County must be named as "ADDITIONAL INSURED " on the Insurance Certificate fo r Commercial General
Li abili ty wh ere required . This Insuranc e shall be primary and non-co ntributory with respect to any other Insurance
maintained by, or available for th e benefit of, the Addit ional In sured and the Vendor's poli cy shall be endorsed
accordingly.
11 . 181 The Ce rtific ate Hold er shall be named as Collier County Board of County Com mi ss ion ers, OR, Board of County
Comm issioners In Collier County, OR Collier County Government, OR Collier County . The Certificates of Insu rance
must stat e the Contract Numb er, or Project Numb er, or speci fic Project description, or must read: For any and all wo rl<
performed on behalf of Collier County.
12. 181 Thirty (30) Days Cancellation Notice required .
13. 181 During the term of th is contrac t, Collier County sha ll procure and ma intain, at Its ow n expense, Builders Rlsl<
In surance to cover th e wo rk to be performed under th is co nt ract aga inst risk of direct physical loss In an amoun t equal
to the full amoun t of the con tra ct. Th is Insurance sha ll be endorsed to include th e Interes ts of the County, the
Contractor and all Subcontractors .
10/17/17 -GG
Vendor's Insurance Statement
We understand th e Insurance requirements of these specif ica ti ons and th at t he evidence of Insu rability may be required
wi th in five (5) days of th e award of th is solicitation .
Name of Firm
Vendor Sig nature
Print Name
Insurance Agency JDA Insura nce Group , LLC
Age nt Name Anthony Entenza
Date 11/21/20 17
Telephone Number 561-296-0373
41
Con strucllon Service s Agroomont: Rovlso d 061520 17
ACOR 0 I DATE (MMJDOIVYYY)
\,.....-' CERTIFICATE OF LIABILITY INSURANCE 1112112017
TH IS CERTIFICATE IS ISSUED AS A MATTER OF IN FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT IFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFF IRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If tho co rt lflcnto holdor Ia an ADDITIONAL INSURED, tho pollcy(los) must hovo ADDITIONAL INSURED provisions or bo ondorsod.
If SUBROGATION IS WAIVED, subj oct to tho torms and condlllons of tho policy, cortnln pollclos may roqulro an ondorsomont. A statomont on
this cortlflcato doos not confer ri~J hts to tho cortlllcato holdor In llau of such ondorsomont(a).
PRODUCER ~~HW"'1 Anlhon~ Entenzo
JDA Insurance Group t~NJo .Jixi):_(W.} 290·0373 lr~.!jQ)i (501} 828·0997
120 N Federal Hwy ., Suite #301 f.li~hs: dan le lle@lhojdaJJ.roup.com
INSU[l!lillJ!J..BFEORDINO COVCRMe _ ,,._ ...... --1!~_11 _
Lake Worth FL 33400 IN!!_\!.RER A : Zurich Ame ri can Insurance Com~ ·---·--INSURED INSUBER a : Amer1can Guarantoo & Liability Insurance Comr.a.!!Y.
Wes t Conslrucllon I no. Jt:llll!!JlB£..LAmer1can Guarantee & Llabillt~ Insurance Ceme_an}':
820 N. 4th Street INS.J!I]EBD ; Amer1can Guarantee & Llabllll}': Insurance Compnny
.JtiB.!!flt;R e: Zurich American Insurance Comeani:
Lantana FL 33462 IN SURER F·
COVERAGES CERTIFICATE NUMBER · REVISION NUMBER·
TH IS IS TO CERTIFY THAT HIE POLICIES OF IN SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE IN SURED NAMED ABOVE FOR THE POLICY PERIOD
INDI CATED. NOTWITHSTANDING ANY REQUIREME NT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH IS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMI TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLJ\IMS.
1~iW TYPI! OP INSURANCE ~~~~; ~~~ POLICY NUMBER p~lJCVEi=r P6lloy·tJip LIMITS
~ COMMERCIAL G6N61lAL LIADILITY EACH OCCURRENCE $ 1,000 000.00 tJ CLAIMS·MAOE !XI OCCUR !?1\!!.l.~~t;.!<rREFl!_t:LI.. ~ 500,000.0_0 __
)l J'.BJ;It\lS~([G.SI«\I!I.tOOIL
Contractual Llabll~ MED EXP (Any ono l>oraon) $ 10 000.00
A 1--
y y GL00390473 01/01 /2017 01/01/2018 PERSONAL & ADV INJURY $ 1 000 000.00 n"L AGGREGATE liMIT APPLIES PER: GENERAL AGGREGATE $ 2,000 000 .00
POI.ICY f.81 ~~8i D LOC PHOllUCl S • COMP/OP AGO $ 2,000,000.00
I OT!If.ll• $
AUTOMODilE LIADILITY _(=r~SINC:m LIMIT $ 1,000,000.00 17"7 X ANYAUTO BODILY INJURY (Per poraon) $
B (-'-'-OWN~O r--SCHEOUL~O y y BAP0398 474 01/01/2017 01/01/2018 BOOILY INJURY (Per acddonl) $
1--AUTOS ONLY A~TOS ~tiRED -N N-OWNEO ·r:rr~~/iWiGE $ -AUTOSONI.Y -AlJTOSONLY • C..G! !1.11
PIP s 10 000.00
~ UMBRELLA lii\D ~~OCCUR EACH OCCURRENCE s 12,000,000.00
c e~cess LIAD CLAIMS·MADE y y AUC0398476 01/01/2017 01 /01/2018 AOGREOATE s 12 000 ,000.00
OED I IB!l.TENTION $ $
WORKERS COMPENSATION >\1.!:% .J .J~?~H · AND EMPLOYERS' LIADILITV y N _ ..ll T U.HL _. _
D toNY l'rtOPitiETOil!PAATNERII!XECUTIVE !liJ N/A y WC0398475 01/01/2017 01/01/2018 E.L. EACH ACCIDENT $ 1 000,000.00 OFFICER/MEM OER EXCLUDED? (Monolalory In NH) E.L. DISEASE· EA EMPLOYEE S 1 000 000 .00
1 ~~~Mrm~~ ~~~~ "IONS bt\0\1 1,000,000.00 P I PERATI N b I v E.L. DISFASil · POLICY l iMIT $
Property (Ronlni/Loosed Limit: $200 ,000.00
E Equipmen t) CPP0390o194 01/01/2017 01/0 1/2010
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Ro01orko Sclttdult, moy bo ott•eltt~ If mona poco II rtqulrt~)
Ro: ITB Marco Island Executive Airport New Tennlnal & Associ a led Improvements COU NTY OlD N0.18· 72 40.
Tho Certifica te Holder Is named as addiiiD nal lnsured Including producls and completed operation~ for general liability per form UGL 1175FCW, automobile
liability, and umbrell a llablllly when required by wrllten contract. General Liability and Auto Liability are primary and non conlrlbutory when required by written
conlract. Waiver of subrogation applies lo genorolllablllly, automobile llabllily, umbrella llablllly, and workers• cornpensallon when required by wrltten contro cl.
Umbrella exte nd s ovor general liability, aulo liability and employer's liability. Should any of I he above described policies be cnncelled , notlco will be delivered In
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Collier County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
3299 Tamlaml Trnll East , Suite 303 AUTitORIZED REPRESENTAT!VIl
Naples FL 34112-5746 . Aw~e'-i. @) vt~--v\-
~ 1988·2016 ACORD CORPORATION. A ll rloht s reserved.
ACORD 25 (2016/03) Tho ACORD namo and logo are reglsterod marks of ACORD
AO I!NCY
JDA Insurance Group
POL ICY NUMeEJl
CARRIER
ADDITIONAL REMARKS
AGENCY CUSTOMER ID: -----------------
LOC II ;-------
ADDITIONAL REMARKS SCHEDULE Page of
NAMED INSI,JR~O
West Constn1cllon In c.
I NAI OC ODE
EFF I!Cl!V E DATE:
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 26 FORM TITLE : Cortlnc ote of Li ability Insurance
cancelled , nollco will be delivered In accordance wllh the poli cy provisions.
ACORD 101 (2000/01) ® 2000 ACORD CORPORATION. All rights rese rved.
The ACORD name and logo aro registered marks of ACORD
COUNTY OF (COLLIER)
STATE OF (FLORIDA)
EXHIBIT C: RELEASE AND AFFIDAVIT FORM
Before me, the undersigned authority , personally appeared _________________ who
being duly sworn , deposes and says:
after
(1) In accordance with the Contract Documents and In consideration of $ to be received ,
("Contractor") re leases and waives for itself and it's subcontractors,
material-men, successors and assigns, all claims demands, damages, costs and expenses , whether in contract or in tort,
against the Board of County Commissioners of Collier County , Florida, relating In any way to the performance of the
Agreement between Contractor and Owner, dated , 20__ for the period from
-:----~~----:----~to . This partial waiver and release is conditioned upon payment of
the consideration described above . It is not effective until said payment Is received In paid funds .
(2) Contractor certifies for Itself and its subcontractors, material-men, successors and ass igns, that all charges for labo r,
materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand
against any payment bond might be filed, shall be fu lly satisfied and paid upon Owner's payment to Contractor.
(3) Contractor agrees to Indemnify, defend and save harmless Owner from all demands or suits, actions , claims of liens
or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by
this Release and Affidavit.
(4) Th is Release and Affidavit is given In connection with Contractor's [monthly/final] Application for Payment No. __ .
Witness
Witness
STATE OF
COUNTY OF
CONTRACTOR
BY : ------------------
ITS: ------------President
DATE :
[Corporate Seal]
The foregoing instrument was acknowledged before me this __ day of , 20 __ ,
by , as of , a
_______ corporation , on behalf of the corporation . He/she is persona ll y known to me or has produced
--------------------as Identification and did (did not) take an oath .
My Comm ission Expires :
(AFFIX OFFIC IAL SEAL)
(Signature of Notary)
NAME: ~~-~------(Leg ibly Printed)
Notary Public, State of-------
Commissioner No .:--------
42
Constru cti on Services Agree ment: Re vi sed 06 152017
EXHIBIT D: FORM OF CONTRACT APPLICATION FOR PAYMENT
Payment, Schedule of Values and Stored Materials Record applications are available for
download at: http://purchasing.colllergov.net/Forms/Forms/AIIItems.aspx
43
Construction Services Agreemen t: Revised 06152017
EXHIBIT E: CHANGE ORDER
An electronic data entry form may be found at:
http ://bccspO 1 /Si teDirectorv/ ASD/Pu rchas ing /Fo rms 1 /Forms/Defau lt. aspx
Chan9e Order Form
Co ntraet #:j Cha noe I:D Purchase Ord trf: Project I: Ll ____ _,
Co ntractor/Fi rm Name:! Projtet Nimt: I
ProjeetManagtr Nanal Departmen t : I
Qlginal Contr aci/Worlc Qdv Amount OrY,jlnlli BCC Approval Oeta: Agenda Item#
Current BCC AporowdAmount ust ace .AI>Ptovel Oat&: A~nda lt&m #
Current Cootrect/Wak Order Amount SAP Contract Explretlon Deta {Ma5ter) I
Dolb r An'IOunt of t hb Change ~IV/0 1 Toll I Chsnge from OrlgiN I AO'IOUn t
Rtllisad Coo lrao~W Of( Order To tal I s o.oo l #O IV/0! Change fronlCL6rent BCC AJl1)r(>.II!Cf Amount
C umulatiYii C hanOtts I s o.oo l jj{)IVi OI Chang.e from C L6ttnl AnJCYnt
Compl etio n Date. Descri ption of the T uk(s) Chan ge, and Rationale for tht Chano e
Notice to Proce~ I Orlolnal I I Lnt Approved I I Revlud Da te
Date ~·====~Com pl eti on Date . Oatt '-· ----'·(ln:Wiln11Hwngt)
f of Day a Addtd I I Stl.ct Tuks a Add ntw tuk(st [J Dtletetuk(s) [J Change t ask(sl [J Othtr (tHoeo-.•1
Provld u rupon u to tht fo llowing: 1.1 detaiJ.d and sp teifie txpl anationlr atlonalt of the requnttd chanoe(s) to th e ta sk(s) and I or
th uddltionil dayuddtd (If requnttdl: 2.twhy th is. change was not lncludtd In th t origina l cont ract: and. 3.1 dtsctibe the ln1 p11i If
th is ch ano e is n ot processed . A111ch addltlortallnf orn lat~n from the Dtll~n Proftulon•l ~nd'.ror Contractor If nta«-.:1.
Prepared by:
-.(~Pr=or-~~~~~"la~u~it~r~N~.~m=e~a=~~O~t7.~=n=m~e=n~t)----------------------------Da.te: -------
A:ctptance of this Cll&nge Or<ler sh.sll constillntt modlflcatlon tocontraa / workor<ltr k!entlfle.!f ab~eudwlll buub)t:tto 111 tht nme
ttrnu.and conditions 11 contaln.td In th.econtract/workordtrlndltaltd al>ove, as f ultyu d thuanlt'l lllt sU.tM 1n thll ac<eptal'l<ll!. The
adjustnl tnt. ~any. tot he Contra('! shallconstiMtta full&nd II!!JI stttltment of &n)• an<l&llcl slnlS oftlutConuactor /Vtn<lor /Conurhlnt/
De1\gn Professior.al &Ill i~g out of or rtiJ.ttd to tilt eha~t n l fonh ~ere1n, •ncluding ciA inn for imPJ.Q and dtlay co111
Accepted by: . Date.------
(Contr&ctor f Vtn>tJor I Cor\1\fllantl Des~~~ Profeulon&l irv.l Nanl e or F lrm. If projlr.lwpplbblt}
App roved by: Dalt:
(Oesijn Proftn IOnal ard Name of Flrm .lf pro,..c:t 1.pplka bit} ------
Approved by : ...--,.,-:-:-':':':'-..:-:7:-:..,..,---.---------------------(Procurtmerl ProftniOn.al
44
Construction Services Agreement: Revised 06152017
EXHIBIT F: CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER'S Project No.------
PROJECT :
CON TR AC TOR
Contr act For
Co ntract Date
Design Professional's Project No. ------
This Certifi cate of Sub stanti al Completion app li es to all Work under the Contract Documents or t o the
following specified parts thereof:
To
And
To
OWNER
Substantial Completion is the state In the progress of the Work when the Work (or designated
portion) Is sufficiently complete In accordance with the Contract Documents so that the Owner
can occupy or utilize the Work for Its Intended use. The Work to which th is Certificate applies has
been inspected by au thorized representatives of OWNER, CONTRACTOR AND DESIGN
PROFESSIONAL, and that Wo rk is hereby declared to be substantially complete in accordance with the
requirements of th e Contract Documents on :
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive,
and the failure t o include an item in it does not alter the responsibility of CONTRACTOR to complete all
the Work in accordance with th e Contract Documents . The Items In th e tentative list shall be completed
or correct ed by CO NTRACTOR w ithin days of the above date of Substantial Completion .
The responsibilities between OWNER and CONTRACTOR for security, operation , safety, maintenance,
heat, utilities, insurance and warran ties shall be as follows :
45
Constru ction Services Agreement: Revised 06 152 017
RESPONSIBILITIES :
OWN ER :
CONTRACTOR ________________________________________________ ___
The followin g documents are attached to and made a part of this Certificate:
This certi fica te does not constitu te an acceptance of Work not in accordance with the Co ntract
Documents nor is it a release of CONTRACTOR'S obligation to complete the Wo rk in accordance with th e
Contract Documents.
Executed by Design Professional on ____________________ ,20
Desig n Professional
By: __ -=----:-:----:-=~------------
Type Nam e and Title
CON TRACTOR accepts thi s Certificate of Substantial Completion on ----------
20
CONT RACTOR
By:
Type Name and Title
OWNER accepts this Certificate of Su b stantia l Co m pleti o n on---------' 20
OWNER
By:
Type Name an d Titl e
46
Con stru cti on Services Agreement: Revised 06152017
EXHIBIT G: FINAL PAYMENT CHECKLIST
Bid No.: Proj ect No .: _______ Date: ____ , 20
Contractor:
The following items have been secured by the------------------
for the Project known as----------------------------
and have been reviewed and found to comp ly with the requirements of the Contract Documents .
Original Contract Amount: Fina l Contract Amount:
Commencement Date :
Substantial Completion Time as set fo rth in the Agreement: Calendar Days.
Actua l Date of Substan tial Completion : ___ _
Final Completion Time as set forth In the Agreement: Calendar Days .
Act ual Fi nal Completion Date: ___ _
YES NO
1. All Punch Lis t items completed on~--::------:----:----:----:-----:---:---:---
2. Warranties and Guarantees assigned to Owner (attach to th is form ).
3. Effective date of General one year wa rranty from Contractor Is :
4 . 2 cop ies of Operation and Maintenance manuals for equipment and
system subm itted (list manuals in attachment to this form ).
5. As -Built drawings obtained and dated : ___ _
6. Owner personnel trained on system and equipment operation .
7. Certificate of Occupancy No.: --------:----:---:--:---:-----:--
Issued on (attach to this form).
8. Ce rtifi cate of Substantial Completion Issued on--------
9. Final Payment Application and Affi davits rece ived from Contractor on :
10 . Consent of Surety rece ived on --------------
11 . Operating Department personnel notified Project Is in operating phase .
12 . All Spare Parts or Specia l Tools provided to Owne r: -------
13. Finished Floor Elevation Certificate provided to Owner: ------
14 . Other :
If any of the above is not appli cable, Indicate by N/A.
expla nation.
If NO is checked for any of the above, attach
Acknowledgments :
By Contractor:--------------------(Company Name)
By Design
Professional :
By Owner:
-----------------------(Signature)
---------------------(Typed Name & Titl e)
---------------------(Firm Name)
----------------------(Signature)
---------------------(Typed Name & Title) ______________________ (DepartmentName)
----------------------(S ignatu re)
---------------------(Name & Title)
47
Cons tructi on Services Ag ree men t: Re vise d 061 52 01 7
EXHIBIT H: GENERAL TERMS AND CONDITIONS
1. INTENT OF CONTRACT DOCUMENTS.
1.1 It is the Intent of the Contract Documents to describe a functionally comp lete Proj ect (or
portion thereof) to be constructed in accordance with the Contract Documents. Any work,
materials or equipment that may reasonably be inferred from the Contract Documents as being
required to produce the intended result shall be supplied whether or not specifically called for.
When words which have a well known technical or trade meaning are used to describe work,
materials or equipment, such words shall be interpreted in accordance with that meani ng .
Reference to standard specifications , manuals or codes of any technical society, organization or
association or to the laws or regu lations of any governmental authority having jurisdiction over
the Project, whether such reference be specific or by implication, shall mean the latest standard
specification, manual, code, law or regulation in effect at the time the Work is performed, except
as may be otherwise specifica ll y stated herein.
1.2 If before or during the performance of the Work Contractor discovers a conflict , error or
discrepancy in the Contract Documents, Contractor immediately shall report same to the Project
Manager in writing and before proceeding with the Work affected thereby shall obtain a written
interpretation or clarification from the Project Manager ; said interpretation or cl arification from
the Project Manager may require Contractor to consu lt directly with Design Professional or
some other third party, as directed by Project Manager. Contractor shall take field
measurements and verify field conditions and shall carefully compare such field measurements
and conditions and other information known to Contractor with the Contract Documents before
commencing any portion of the Work .
1.3 Drawings are intended to show general arrangements, design and extent of Work and
are not intended to serve as shop drawings . Specifications are separated into divisions for
convenience of refe rence only and sha ll not be interpreted as establishing divisions for the
Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy
betwe~n or among the drawings, specifications or other Contract Document provisions,
Contractor shall be required to comply with the provision which is the more restrictive or
stringent requirement upon the Contractor, as determ ined by the Project Manager. Unless
otherwise specifically mentioned, all anchors, bo lts, screws, fittings, fillers, hardware,
accesso ri es, trim and other parts required in connection with any portion of the Work to make a
complete, serviceable , finished and first quality installation shall be furnished and installed as
part of the Work, whether or not called for by the Con tra ct Documents.
2. INVESTIGATION AND UTILITIES.
2.1 Subject to Section 2.3 below, Contractor shall have the sole respons ibility of satisfying
itself concerning the nature and location of the Work and the general and local conditions, and
particularly, but without limitation, with respect to the following: those affecting transportation ,
access, disposal, handling and storage of materials; avai la bility and quality of labor; water and
electric power; availabi lity and co ndition of roads; work area; living facilities; c limatic conditio n s
and seasons; physical conditions at the work-site and the project area as a whole; topography
and ground surface conditions; nature and quantity of the surface materials to be encountered ;
subsurface cond~ions; equipment and facilities needed preliminary to and during performance
of the Work; and all other costs associated with such performance. The failure of Contractor to
acquaint itself with any applicable conditions shall not relieve Contractor from any of its
responsibilities to perform under the Contract Documents, nor shall it be considered the basis
for any claim for additional time or compensation.
48
Co nstru cti on Services Agree ment : Revi se d 06152017
2 .2 Contractor shall locate all existing roadways, railways, drainage facilities and utility
services above, upon, or under the Project site, said roadways, railways, drainage facilities and
utilities being referred to In this Sub-Section 2.2 as the "Utilities". Contractor shall contact the
owners of all Utilities to determine the necessity for relocating or temporarily Interrupting any
Utilities during the construction of the Project. Contractor shall schedule and coordinate its
Work around any such relocation or temporary service interruption . Contractor shall be
responsible for properly shoring , supporting and protecting all Utilities at all times during the
course of the Work . The Contractor is responsible for coordinating all other utility work so as to
not interfere with the prosecution of the Work (except those utilities to be coordinated by the
Owner as may be expressly described elsewhere in the Contract Documents).
2 .3 Notwithstanding anything in the Contract Documents to the contrary, if conditions are
encountered at the Project site which are (i) subsurface or otherwise concealed physical
conditions which differ materially from those indicated In the Contract Documents or (ii)
unknown physical conditions of an unusual nature, which differ materially from those ordinarily
found to exist and generally recognized as inherent in construction activities of the character
provided for in the Contract Documents, and which reasonably should not have been
discovered by Contractor as part of its scope of site investigative services required pursuant to
the terms of the Contract Documents, then Contractor shall provide Owner w ith prompt written
notice thereof before conditions are disturbed and in no event later than three (3) calendar days
after first observance of such conditions. Owner and Design Professional shall promptly
investigate such cond itions and, if they differ materially and cause an increase or decrease in
Contractor's cost of, or time required for, performance of any part of the Work , Owner will
acknowledge and agree to an equitable adjustment to Contractor's compensation or time for
performance, or both, for such Work. If Owner determines that the conditions at the site are not
materially different from those indicated in the Contract Documents or not of an unusual nature
or should have been discovered by Contractor as part of its investigative services , and that no
change in the terms of the Agreement is justified , Owner shall so notify Contractor in writing ,
stating its reasons. Claims by Contractor in opposition to such determination by Owner must be
made within seven (7) calendar days after Contractor's receipt of Owner's written determination
notice. If Owner and Contractor cannot agree on an adjustment to Contractor's cost or time of
performance, the dispute resolution procedure set forth in the Contract Documents shall be
complied with by the parties.
3. SCHEDULE.
3.1 The Contractor, within ten (1 0) calendar days after receipt of the Notice of Award , shall
prepare and submit to Project Manager , for their review and approval , a progress schedule for
the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Work
required by the Contract Documents, and shall utilize the Critical Path method of scheduling and
shall provide for expeditious and practicable execution of the Work within the Contract Time.
The Progress Schedule shall indicate the dates for starting and completing the various stages of
the Work.
3.2 The Progress Schedule shall be updated monthly by the Contractor . All monthly
updates to the Progress Schedule shall be subject to the Project Manager's review and
approval. Contractor shall submit the updates to the Progress Schedule w ith its monthly
Applications for Payment noted below. The Project Manager's review and approval of the
submitted Progress Schedule updates shall be a condition precedent to the Owner's obligation
to pay Contractor.
3.3 All work under this Agreement shall be performed in accordance with the requirements
of all Collier County Noise Ordinanoes then in effect. Unless otherwise specified , work will
49
Con struction Se rvi ces Agree men t: Re vised 0615201 7
genera ll y be li mited to the hours of 7:00 a.m. to 5:30 p.m., Monday through Saturday. No
Sundays a llowed No work shall be performed outside the specified hours without the prior
approval of the Project Manager.
4. PROGRESS PAYMENTS.
4.1 Prior to submitting its first monthly Application for Payment, Contractor shall submit to
Project Manager, for their review and approval, a schedule of values based upon the Contract
Price, listing the major elements of the Work and the dollar value for each element. After its
approval by the Project Manager, this schedule of values shall be used as the basis for the
Contractor's monthly Applications for Payment. Th i s schedule shall be updated and submitted
each month along with a completed copy of the Application for Payment form signed by the
Contractor's authorized representative and attached to the Agreement as Exhibit D.
4.2 Prior to submitting its first monthly Application for Payment, Contractor shall provide to
the Proj ect Manager the list of its Subcontractors and materialmen subm itted with its Bid
showing the work and materials Involved and the dollar amount of each subcontract and
pu r chase order. Contractor acknowledges and agrees that any modifications to the list of
Subcontractors submitted with Contractor's Bid and any subsequently identified Subcontractors
are subject to Owner's prior writte n approval. The first Application for Payment shall be
submitted no earlier than thirty (30) days after the Commencement Date. Notwithstandirg
anything herein to the contrary , if approved by Owner in its so le discretion , Contractor may
submit its invo ice for any required Payment and Performance Bonds prior to the fi rst Appli cation
of Payment provided that Contractor has furnished Owner certified copies of t he receipts
evidencing the premium paid by Contractor for the bonds.
4 .3 Unless expressly approved by Owner in advance and in writing , said approval at
Owner's sole discretion, Owner is not required to make any payment for materials or equipment
that have not been incorporated into the Project. If payment is requested on the basis of
materia ls and equipment not incorporated into the Project , but delivered and suitably stored at
the site or at another location , and such payment and storage have been agreed to by Owner in
writing , the App lication for Payment also shall be accompanied by a bill of sale, invoice or other
documentation warranting that the Owner has received t he ma t erials and equipment free and
clear of all liens, charges, security interests and encumbrances, together with evidence that the
materials and equipment are covered by appropriate property insurance and other
arrangements to protect Owner's interest therein, all of which shall be subject to the Owner's
satisfaction . Thereafter, with each Application for Payment, Contractor also shall compl ete and
submit to Owner as part of its Appl ication for Payment, the Stored Materials Record attached
hereto and made a part hereof as Exh ibit D.
4.4 Contractor shall submit six (6) copies of its monthly Application for Payment to the
Project Manager or his or her designee, as directed by Owner (which designee may include the
Design Professional). After the date of each Application for Payment is stamped as received
and within the timeframes set forth in Section 218 .735 F.S., the Project Manager, or Design
Professiona l, shall either: (1) Ind icate its approval of the requested payment; (2) indicate its
approval of only a portion of the requested payment, stating in writing its reasons therefore ; or
(3) return the Application for Payment to the Contractor ind icating, in writing, the reason for
refusing to approve payment. Payments of proper invoices in the amounts approved shall be
processed and paid in accordance with Section 218.735, F.S. and the administrative procedures
established by the County's Procurement Services Division and the Clerk of Court's Finance
Department respectively.
50
Co nstructi on Services Ag reement : Re vise d 0615201 7
4 .5 In the event of a total denial by Owner and return of the App lication for Payment by the
Project Manager, the Contractor may make the necessary corrections and re-submit the
Application for Payment. The Owner shall, within ten (1 0) business days after the Appl ication
for Payment is stamped and received and after Project Manager approval of an Application for
Payment, pay the Contractor the amounts so approved.
4 .6 Owner shall retain ten percent (10%) of the gross amount of each monthly payment
request or ten percent (1 0%) of the portion thereof approved by the Project Manager for
payment, whichever is less . Such sum sha ll be accumu lated and not released to Contractor until
final payment is due un less otherwise agreed to by the Owner in accordance w ith Florida
Statute 255.078. The Project Manager shall have the discretion to establish, in writing, a
schedu le to periodica ll y reduce the percentage of cumulative retainage held throughout the
course of the Project schedu le. Owner shall reduce the amount of the retainage withheld on
each payment request subsequent to fifty percent (50%) completion subject to the guidelines
set forth in Florida Statute 255 .078 and as set forth in the Owner's procurement ord inance and
pol icies.
4 .7 Monthly payments to Contractor shall in no way imply approval or acceptance of
Contractor's Work.
4.8 Each Application for Payment, subsequent to the first pay app lication , sha ll be
accompanied by a Release and Affidavit, in the form attached as Exhibit C, acknowledging
Contractor's receipt of payment in full for all materials, labor, equipment and other bills that are
then due and payable by Owner with respect to the current Application for Payment. Further, to
the extent directed by Owner and in Owner's sole discretion , Contracto r shall also submit a
Release and Affidavit from each Subcontractor, sub-subcontractor, or supplier in the form
attached as Exh ibit C acknowledging that each Subcontractor, sub-subcontractor or supplier
has been paid in full through the previous month 's Application for Payment. The Owner shall not
be required to make payment until and unless these affidavits are furnished by Contractor.
4 .9 Contractor agrees and understands that fund ing limitations exist and that the
expenditure of funds must be spread over the duration of the Proj ect at regular intervals based
on the Contract Amount and Progress Schedule. Accordi ngly, prior to submitting its first
monthly Applicat ion for Payment, Contractor shall prepare and submit for Project Manager's
review and approval, a detai led Project Fund ing Schedule , which shall be updated as necessary
and approved by Owner to reflect approved adjustments to the Contract Amount and Contract
Time. No voluntary acce leration or early completion of the Work sha ll modify the time of
payments to Contractor as set forth in the approved Project Funding Schedule .
4 .10 Notwithstanding anything in the Contract Documents to the contrary, Contractor
acknowledges and agrees that in the event of a dispute concerning payments for Work
performed under this Agreement, Contractor shall continue to perform the Work required of it
under this Agreement pending resolution of the dispute provided that Owner continues to pay
Contractor all amounts that Owner does not dispute are due and payable.
4 .11 Payments w ill be made for serv ices furnished , delivered , and accepted, upon receipt and
approval of Invoices submitted on the date of serv ices or within six (6) months after completion
of contract. Any untimely submission of invoices beyond the specified deadline period is subject
t o non-payment under the legal doctrine of "l aches" as untimely submitted . Time shall be
deemed of the essence with respect to the timely submission of invoi ce s under this agreement.
4 .12 The County may, at its discretion, use VISNMASTER card credit network as a payment
vehicle for goods and/or services purchased as a part of this contra ct. The County may not
51 ~
Constructi on Services Ag ree ment: Revised 06 152 017 e-
accept any additional surcharges (credit card transaction fees) as a result of using th e County's
credit card for transactions relating to this solicitation
5. PAYMENTS WITHHELD.
5.1 The Project Manager may decline to approve any Application for Payment, or portions
thereof, because of subsequently discovered evidence or subsequent inspections that reveal
non-compliance with the Contract Documents. The Project Manager may nullify the whole or
any part of any approval for payment previously issued and Owner may withhold any payments
otherwise due Contractor under th is Agreement or any other agreement between Owner and
Contractor, to such extent as may be necessary in the Owner's opinion to protect it from loss
because of:
(a) Defective Work not remedied; (b) third party claims filed or reasonable evidence Indicating
probable filing of such claims; (c) failure of Contractor to make payment properly to
subcontractors or for labor, materials or equipment ; (d) reasonable doubt that the Work can be
completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the
Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work
by the Contractor; or (g) any other material breach of the Contract Documents by Contractor.
5 .2 If any conditions describe d in 5.1. are not remedied or removed , Owner may, after three
(3) days written notice, rectify the same at Contractor's expense. Provided however, in the
event of an emergency, Owner shall not be required to provide Contractor any written notice
prior to rectifying the situation at Contractor's expense . Owner also may offset against any sums
due Contractor the amount of any liquidated or non-liquidated obligations of Contractor to
Owner, whether relating to or arising out of this Agreement or any other agreement between
Contractor and Owner.
5.3 In instances where the successful contractor may owe debts (including, but not limited to
taxes or other fees) to Collier County and the contractor has not satisfied nor made
arrangement to satisfy these debts, the County reserves the right to off-set the amount owed to
the County by applying the amount owed to the vendor or contractor for services performed of
for materia ls delivered in association with a contract.
6. FINAL PAYMENT.
6 .1 Owner shall make final payment to Contractor in accordance with Section 218.735, F.S.
and the administrative procedures established by the County's Procurement Services Division
and the Clerk of Court's Finance Department after the Work is finally inspected and accepted by
Project Manager as set forth with Section 20.1 herein, provided that Contractor first , and as an
explicit condition precedent to the accrual of Contractor's right to final payment, shall have
furnished Owner with a properly executed and notarized copy of the Release and Affidavit
attached as Exhibit C, as well as, a duly executed copy of the Surety's consent to final payment
and such other documentation that may be required by the Contract Documents and the Owner.
Prior to release of final payment and fina l retainage, the Contractor's Representative and the
Project Manager shall jointly complete the Final Payment Checklist, a representative copy of
which is attached to this Agreement as Exhibit G.
6.2 Contractor's acceptance of final payment shall constitute a full waiver of any and all
claims by Contractor against Owner arising out of this Agreement or otherwise relating to the
Project, except those previously made in writing in accordance with the requirements of the
Contract Documents and identified by Contractor as unsettled in its final Application for
52 ~ Construction Services Agreement: Revise d 06152017 ~::::J
Payment. Neither the accepta nce of the Work nor payment by Owner shall be deemed to be a
waiver of Owner's right to enforce any obligations of Contractor hereunder or to the recovery of
damages for defective Work not discovered by the Design Professional or Project Manager at
the time of final inspection .
7. SUBMITI AL S AND SUBSTIT UTIO NS.
7 .1 Contractor shall carefully examine the Contract Documents for all requirements for
approva l of materials to be submitted such as shop drawings, data , test results, schedules and
samples. Contractor shall submit all such materials at its own expense and in such form as
required by the Contract Documents in sufficient time to prevent any delay in the delivery of
such materia ls and the installation thereof.
7.2 Whenever materia ls or equipment are specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular supplier, the naming of the
item is intended to establish the type, function and quality required . Unless the name is
fo ll owed by words indicating that no subst itution is permitted, materials or equipment of other
suppliers may be accepted by Owner if sufficient information is submitted by Contractor to allow
the Owner to determine that the material or equipment proposed is equivalent or equal to that
named . Requests for review of substitute items of material and equipment w i ll not be accepted
by Owner from anyone other than Contractor and all such requests must be submitted by
Contractor to Project Manager within thirty (30) calendar days after Notice of Award is received
by Contractor, unless otherwise mutually agreed in writing by Owner and Contractor.
7.3 If Contractor wishes to furnish or use a substi tute item of material or equipment,
Contractor shall make appl icat ion to the Project Manager for acceptance thereof, certifying that
the proposed substitute shall adequately perform the functions and achieve the results called for
by the general design, be similar and of equal substance to that specified and be suited to the
same use as that specified. The application shall state that the evaluation and acceptance of
the proposed substitute will not prejudice Contractor's achievement of substantial completion on
time, whether or not acceptance of the substitute for use in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract with Owner for
the Project) to adapt the design to the proposed substitute and whether or not incorporation or
use by the substitute in connection with the Work is subject to payment of any license fee or
roya lty. All variations of the proposed substitute from that specified will be identified in the
appl ication and available maintenance, repair and replacement service shall be indicated. The
application also sha ll contain an itemized estimate of all costs that will resu lt directly or indirectly
from acceptance of such substitute, including costs for redesign and claims of other contractors
affected by the resulting change , all of which shall be considered by the Project Manager in
evaluating the proposed substitute. The Project Manager may require Contractor to furnish at
Contractor's expense additional data about the proposed substitute.
7.4 If a specific means, method , technique, sequence or procedure of construction is
indicated in or required by the Contract Documents, Contractor may furnish or utilize a
substitute means, method, sequence, technique or procedure of construction acceptable to the
Project Manager, if Contractor submits sufficient information to allow the Project Manager to
determine that the substitute proposed is equivalent to that indicated or required by the Contract
Documents. The procedures for submission to and review by the Project Manager shall be the
same as those provided herein for substitute materials and equ ipment.
7.5 The Project Manager shall be allowed a reasonable time within which to evaluate each
proposed substitute and, if need be, to consult with the Des ign Professional. No substitute will
be ordered, insta lled or utilized without the Project Manager's prior written acceptance which
53 Q
Construction Services Agreement: Revised 061 52017 ~
shall be evidenced by a Change Order, a Work Directive Change, a Field Order or an approved
Shop Drawing. The Owner may require Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any substitute . The Project Manager will
record time required by the Project Manager and the Project Manager's consuttants in
evaluating substitutions proposed by Contractor and making changes in the Contract
Documents occasioned thereby. Whether or not the Owner accepts a proposed substitute,
Contractor shall reimburse Owner for the charges of the Design Professional and the Design
Professional's consultants for evaluating each proposed substitute.
8. DAILY REPORTS, SIGNED AND SEALED AS-BUILTS AND MEETINGS.
8 .1 Unless waived in writing by Owner, Contractor shall complete and submit to Project
Manager on a weekly basis a daily log of the Contractor's work for the preceding week in a
format approved by the Project Manager. The dally log shall document all activities of
Contractor at the Project site including, but not limited to, the following:
8.1.1 Weather conditions showing the high and low temperatures during work
hours, the amount of precipitation received on the Project site, and any other weather conditions
whi ch adversely affect the Work;
8 .1.2 Soil conditions which adversely affect the Work;
8 .1.3 The hours of operation by Contractor's and Sub-Contractor's personnel ;
8 .1.4 The number of Contractor's and Sub-Contractor's personnel present and
working at the Project site, by subcontract and trade;
8 .1.5 All equipment present at the Project site, description of equipment use and
designation of time equipment was used (specifically indicating any down time);
8 .1.6 Description of Work being performed at the Project site ;
8 .1.7 Any unusual or special occurrences at the Project site ;
8.1.8 Materials received at the Project site;
8 .1.9 A list of all visitors to the Project
8 .1.1 0 Any problems that might impact either the cost or quality of the Work or the
time of performance .
The daily log shall not constitute nor take the place of any notice required to be given by
Contractor to Owner pursuant to the Contract Documents.
8.2 Contractor shall maintain in a safe place at the Project site one record copy of the
Contract Documents , including, but not limited to, all drawings, specifications, addenda,
amendments, Change Orders, Work Directive Changes and Field Orders, as well as all written
interpretations and clarifications issued by the Design Professional, in good order and annotated
to show all changes made during construction. The annotated drawings shall be continuously
updated by the Contractor throughout the prosecution of the Work to accurately reflect all field
changes that are made to adapt the Work to field cond itions, changes resulting from Change
Orders, Work Directive Changes and Field Orders, and all concealed and buried installations of
piping, conduit and utility services. All buried and concealed items , both inside and outside the
54
Cons tru ction Services Agree ment: Re vised 06152017
Project site, shall be accurately located on the annotated drawings as to depth and in
relationship to not less than two (2) permanent features (e.g. interior or exterior wall faces). The
annotated drawings shall be clean and all changes, corrections and dimensions shall be given
in a neat and legible manner in a contrasting color. The "As-Built" record documents, together
with all approved samples and a counterpart of all approved shop drawings shall be available to
the Project Manager or Design Professional for reference . Upon completion of the Work and as
a condition precedent to Contractor's entitlement to final payment, these "As-Built" record
documents, samples and shop drawings shall be delivered to Project Manager by Contractor for
Owner.
8.3 Contractor shall keep all records and supporting documentation, which concern or relate
to the Work hereunder for a minimum of five (5) years from the date of termination of this
Agreement or the date the Project is co mpleted or such longer period as may be required by
law, whichever is later, pursuant to Florida Public Records Law Chapter 119 and comply with
specifically those contractual requirements in 119.070 1 (2)(a)-(b) as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO T HE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTOD IAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami T rail East, Suite 102
Naples, FL 34112-57 46
Telephone: (239) 252-8383
The Contractor must specifically comply with the Florida Pubic Records Law to :
1. Keep and maintain public reco rds required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requ ested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
3. Ens ure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of th e contract term and following completion of th e contract if the
Co ntractor does not transfer the records to the public agency.
4. Upon completion of the contract, transfer , at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records
required by the public agency to perform the service . If the Contractor transfers all
public records to the public agency upon completion of the contract, the Contractor
shall destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records . All records stored
electronically must be provided to the public agency, upon request from th e public
agency's custodian of public records , in a format that is compatible with the
information technology systems of the public agency.
9. CONTRACT TIME AND TIME EXTENSIONS.
9.1 Contractor shall diligently pursue the completion of the Work and coordinate the Work
being done on the Project by Its subcontractors and material-men, as well as coordinating its
55 Q
Cons truction Services Agreement : Revised 0615201 7 ~
Work with all work of others at the Project Si te, so that its Work or the work of others shall not
be delayed or impaired by any act or omiss ion by Contractor. Contractor shall be solely
responsible for all construction means, methods, techniques, sequences, and procedures, as
wel l as coordination of all portions of the Work under the Contract Documents, and the
coordination of Owner's suppliers and contractors as set forth in Paragraph 12 .2. herein .
9 .2 Should Contractor be obstru cted or delayed in the prosecution of or completion of the
Work as a result of unforeseeable causes beyond the control of Contractor, and not due to its
fault or neglect, including but not restricted to acts of Nature or of the public enemy, acts of
government, fires, floods, epidemics, quarantine regulation, strikes or lockouts, Contractor shall
notify the Owner in writi ng wijhin forty-eight (48) hours after the commencement of such delay,
stating the cause or causes thereof, or be deemed to have waived any right which Contractor
may have had to request a time extension.
9 .3 No interruption, interference , inefficiency, suspension or delay in the commencement or
progress of the Work from any cause whatever, including those for which Owner may be
responsible , in whole or in part, shall relieve Contractor of its duty to perform or give rise to any
right to damages or additional compensation from Owner. Contractor expressly acknowledges
and agrees that it shall rece ive no damages for delay. Contractor's sole remedy, if any, against
Owner w ill be the right to seek an exten sion to the Contract Time; provided , however, the
granting of any such time extension shall not be a condition precedent to the aforementioned
"No Damage For Delay'' provision . This parag raph shall expressly apply to claims for early
completion , as well as to claims based on l ate completion.
9.4 In no event shall any approval by Owner authorizing Contractor to continue performing
Work under this Agreement or any payment issued by Owner to Contractor be deemed a waiver
of any right or claim Own er may have against Contractor for delay damages hereunder.
10. CHANGES IN THE WORK.
10.1 Owner shall have the r ight at any time during the progress of the Work to increase or
decrease the Work. Promptly after being notified of a change, Contra ctor shall submit an
itemized estimate of any cost or time increases or savings it foresees as a result of the change .
Except in an emergency endangering life or property, or as expressly set forth herein, no
addition or changes to the Work shall be made except upon written order of Owner, and Owner
shall not be liable to the Contractor for any increased compensation without such written order.
No officer, employee or agent of Owner is authorized to direct any extra or changed work orally.
Any alleged changes must be approved by Owner in writing prior to starting such items. Owner
will not be respon sible for the costs of any changes commenced without Owner's express prior
written approval. Fai lure to obtain such prior written approval for any changes will be deemed :
(i) a waiver of any claim by Contractor for such items and (ii) an admission by Contractor that
such items are In fact not a change but rather are part of the Work required of Contractor
hereunder.
10.2 A Change Order, In the form attached as Exh ibrr E to this Agreement, shall be issued
and executed promptly after an agreement is reached between Contractor and Owner
concerning the requested changes . Contractor shall promptly perform changes authorized by
duly executed Change Orders. The Contract Amount and Contract Time shall be adjusted in
the Change Order in the manner as Owner and Contractor shall mutually agree.
10.3 If Owner and Contractor are unable to agree on a Change Order for the requested
change, Contractor shall , nevertheless, promptly perform the change as directed by Owner in a
written Work Directive Change. In that event, the Contract Amount and Contract Time shall be
56
Cons tr uction Services Agreement: Revise d 06152 017
adjusted as directed by Owner. If Contractor disagrees with the Owner's adjustment
determination, Contractor must make a claim pursuant to Section 11 of these General
Conditions or else be deemed to have waived any claim on this matter it might otherwise have
had.
10.4 In the event a requested change results in an increase to the Contract Amount, the
amount of the increase shall be limited to the Contractor's reasonable direct labor and material
costs and reasonable actual equipment costs as a result of the change (including allowance for
labor burden costs) plus a maximum ten percent (1 0%) markup for all overhead and profit. In
the event such change Work is performed by a Subcontractor, a maximum ten percent (1 0%)
markup for all overhead and profit for all Subcontractors' and sub-subcontractors' direct labor
and material costs and actual equipment costs shall be permitted, with a maximum five percent
(5%) markup thereon by the Contractor for all of its overhead and profit, for a total maximum
markup of fifteen percent (15%). All compensation due Contractor and any Subcontractor or
sub-subcontractor for field and home office overhead is included in the markups noted above.
Contractor's and Sub-Contractor's bond costs associated with any change order shall be
included in the overhead and profit expenses and shall not be paid as a separate line item. No
markup shall be placed on sales tax, shipping or subcontractor markup.
10.5 Owner shall have the right to conduct an audit of Contractor's books and records to
verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with
any Change Order or Work Directive Change.
1 0.6 The Project Manager shall have authority to order minor changes in the Work not
involving an adjustment to the Contract Amount or an extension to the Contract Time and not
inconsistent with the intent of the Contract Documents . Such changes may be effected by Field
Order or by other written order. Such changes shall be binding on the Contractor.
10.7 Any modifications to this Contract shall be in compliance with the County procurement
ordinance and policies and Administrative Procedures in effect at the time such mod ifications
are authorized .
11. CLAIMS AND DISPUTES.
11 .1 Claim is a demand or assertion by one of the parties seeking an adjustment or
Interpretation of the terms of the Contract Documents, payment of money, extension of time or
other relief with respect to the terms of the Contract Documents. The term "Claim" also Includes
other disputes and matters in question between Owner and Contractor arising out of or relating
to the Contract Documents. The responsibility to substantiate a Claim shall rest with the party
making the Claim.
11.2 Claims by the Contractor shall be made in writing to the Project Manager within forty-
eight (48) hours from when the Contractor knew or should have known of the event giving rise
to such Claim or else the Contractor shall be deemed to have waived the Claim. Written
supporting data shall be submitted to the Project Manager within fifteen (15) calendar days after
the occurrence of the event, unless the Owner grants add~ional time in writing , or e lse the
Contractor shall be deemed to have waived the Claim. All Claims shall be priced in accordance
with the provisions of Subsection 1 0.4 .
11 .3 The Contractor shall proceed diligently with its performance as directed by the Owner,
regardless of any pending Claim, action, suit or administrative proceeding , unless otherwise
agreed to by the Owner in writing. Owner shall continue to make payments in accordance with
the Contract Documents during the pendency of any Claim.
57
Constru ctio n Services Agree ment: Revised 061 52 01 7
12. OTHER WORK.
12. 1 Owner may perform other work related to the Project at the site by Owner's own forces,
have other work performed by utility owners or let other direct contracts. If the fact that such
other work is to be performed is not noted in the Contract Documents , written notice thereof will
be given to Contractor prior to starting any such other work . If Contractor bel ieves that such
performance will involve additional expense to Contractor or require additional time , Contractor
shall send written notice of th at fact to Owner and Design Professional within forty-eight (48)
hours of being notified of the other work. If the Contractor fails to send the above required forty-
eight (48) hour notice, the Contractor will be deemed to have waived any rights it otherwise may
have had to seek an extension to the Contract Time or adjustment to the Contract Amount.
12 .2 Contractor sha ll afford each utility owner and other contractor who is a party to such a
direct contract (or Owner, if Owner is performing the additional work with Owner's employees)
proper and safe access to the site and a reasonable opportunity for the introduction and storage
of materials and equipment and the execution of such work and shall properly connect and
coordinate its Work w ith theirs. Contractor sha ll do a ll cutting , fitting and patch ing of the Work
that may be required to make its several parts come together properly and integrate with such
other work. Contractor shall not endanger any work of others by cutting , excavating or
otherwise altering their work and will only cut o r alte r t heir work with the written consent of the
Project Manager and the others whose work w ill be affected. The duties and responsibilities of
Contractor under this paragraph are for the benefit of such utility owners and other Contractors
to the extent t hat there are comparab le provisions for the benefit of Contractor in said direct
contracts between Owner and such utility owners and other contractors .
12.3 If any part of Contractor's Work depends for proper execution or results upon the work of
any other contractor or utility owner (or Owner), Contractor shall inspect and promptly report to
Project Manager in writin g any delays , defects or deficiencies In such work that render it
unavailable or unsuitable for such proper execution and results . Contractor's failure to report
will constitute an acceptance of the other work as fit and proper for integration w ith Contractor's
Work.
13. INDEMNIFICATI ON AND INSURANCE.
13 .1 To the maximum extent permitted by Florida law, the Co ntractorNendor/Consultant shall
defend, indemnify and hold harml ess Collie r County, its officers and employees from any and all
liabilities , damages, losses and costs, including , but not limited to , reasonable attorneys' fees
and paralegals' fees , to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the ContractorNendor/Consultant or anyone employed or utilized by the
ContractorNendor/Consultant in the performance of this Agreement.
13 .2 The duty to defend under this Article 13 is independent and separate from the duty to
indemnify, and the duty to defend exists regardless of any ultimate liabi lity of t he Contractor,
Owner and any in demnified party. The duty to defend arises immediately upon presentation of
a claim by any party and written notice of such claim being provided to Contractor. Contractor's
obligation to indemnify and defend under this Article 13 will survive the e xpiration or e arlier
termination of this Agreement until it is determ ined by f inal judgment that an action against th e
Owner or an indemnified party for the matter indemnified hereunder is fu lly and fina ll y barred by
the applicable statute of limitations.
13 .3 Contractor shall obtain and carry, at all times during its performance under the Contract
Docum ents, in surance of the types a nd In the amounts set forth in Exhibit B to the Agreement.
Co nstructio n Se rvi ces Agree men t: Revi sed 061520~~ e
Further, the Contractor shall at all times comply with all of the terms, conditions, requirements
and obligations set forth under Exhib~ B.
14. COMPLIANCE WITH LAWS.
14.1 Contractor agrees to comply, at its own expense, with all federal, state and local laws,
codes, statutes , ordinances, rules, regulations and requirements applicable to the Project,
including but not limited to those dealing with taxation, wori<er's compensation , equal
employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553,
Florida Statutes). If Contractor observes that the Contract Documents are at varianoe therewith ,
it shall promptly notify Project Manager in writing. To the extent any law, rule, regulation , code,
statute, or ordinanoe requires the inclusion of certain terms in this Agreement in order for this
Agreement to be enforceable, such terms shall be deemed included in this Agreement.
Notwithstanding anything in the Contract Documents to the contrary, it is understood and
agreed that in the event of a change in any applicable laws, ordinanoes, rules or regulations
subsequent to the date this Agreement was executed that increases the Contractor's time or
cost of performance of the Work, Contractor is entitled to a Change Order for such increases,
except to the extent Contractor knew or should have known of such changes prior to the date of
this Agreement.
14.2 By executing and entering into this agreement, the Contractor is formally acknowledging
without exception or stipulation that it is fully responsible for complying with the provisions of the
Immigration Reform and Control Act of 1986 as located at 8 U .S .C . 1324, et seq. and
regulations relating thereto, as either may be amended . Failure by the Contractor to comply with
the laws referenced herein shall constitute a breach of this agreement and the County shall
have the discretion to unilaterally terminate this agreement immediately.
14.3 Statutes and executive orders require employers to abide by the im migration laws of the
United States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment e ligibili ty verification requirements. The program will
be used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP)
including professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided .
• Where the requirement for the affidav~ is waived by the Board of County Commissioners
Vendors I Bidders are required to enroll in the E-Verlfy program, and provide acceptable
evidence of their enrollment, at the time of the submission of the vendor'slbidder's proposal.
Acceptable evidence consists of a copy of the properly completed E-Verify Company Profile
page or a copy of the fully executed E-Verify Memorandum of Understanding for the company.
Vendors are also required to provide the Collier County Procurement Services Division an
executed affidavit certifying they shall comply with the E-Verify Program. The affidav it is
attached to the solicitation documents. If the Bidder/Vendor does not comply with providing
both the acceptable E-Verlfy evidence and the executed affidavit the bidder's I vendor's
proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
59
Constru ction Services Agree ment: Rev ise d 0615 2017
For additional information regarding the Employment Eligibility Verification System (E -Verify)
program visit the following website: http://www .dhs.gov/E-Verify . It shall be the vendor's
responsibility to familiarize themselves with all ru les and regulations governing th is program.
Vendor acknowledges , and without exception or stipulation , any firm (s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S .C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s)
to comply with the laws referenced herein or the provisions of this affidav it shall constitute a
breach of the award agreement and the County shall have the discretion to unilaterally
terminate said agreement immediately.
16. CLEANUP AND PROTECTIONS.
15.1 Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste
materials arising out of the Work. At the completion of the Work, Contractor shall remove all
debris, rubbish and waste materials from and about the Project site, as well as all tools,
appliances, construction equipment and machinery and surplus materials, and shall leave the
Project site clean and ready for occupancy by Owner.
15.2 Any existing surface or subsurface Improvements, including, but not limited to ,
pavements, curbs, sidewalks , pipes, utilities, footings, structures, trees and shrubbery, not
indicated in the Contract Documents to be removed or altered, shall be protected by Contractor
from damage during the prosecution of the Work. Subject to the Section 2 .3 above, any such
improvements so damaged shall be restored by Contractor to the condition equa l to that existing
at the time of Contractor's commencement of the Work .
16. ASSIGNMENT.
16.1 Contractor shall not assign this Agreement or any part thereo f, without the prior consent
in writing of Owner. Any attempt to assign or otherwise transfer this Agreement, or any part
herein , without the Owner's consent, shall be void . If Contractor does, with approval, assign thi s
Agreement or any part thereof, it shall require that Its ass ignee be bound to it and to assume
toward Contractor all of the obligations and responsibilities that Contractor has assumed toward
Owner.
17. PERMITS, LICENSES AND TAXES.
17.1 Pursuant to Section 218.80, F.S., Owner will pay for all Collier County permits and fees,
including license fees, permit fees, impact fees or inspection fees applicable to the Work
through an Internal budget transfer(s). Contractor is not responsible for paying for permits
issued by Collier County, but Contractor is responsible for acquiring all permits. Owner may
require the Contractor to deliver internal budget transfer documents to applicable Collier County
agencies when the Contractor is acquiring permits. Owner will not be obligated to pay for any
permits obtained by Subcontractors.
17 .2 All permits, fees and licenses necessary for the prosecution of the Work wh ich are not
issued by Collier County shall be acquired and paid for by the Contractor.
PERMITS INCLUDING BUT NOT LIMITED TO (COUNTY TO PAY FOR ALL PERMITTING
FEES):
COLLIER COUNTY BUILDING PERMIT
60
Con stru ctio n Se rvices Ag ree men t: Revise d 06 152017
PERMITS REQUIRED TO MOVE THE PAPI POWER METER WILL NEED TO BE
COORDINATED BY THE CONTRACTOR WITH THE FAA AND LOCAL UTILITY COMPANY
ENVIRONMENTAL RESOURCE PERMIT-FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO USE NPDES GENERIC PERMIT FOR STORMWATER
DISCHARGE FROM LARGE AND SMALL CONSTRUCTION ACTIVITIES (RULE 62-
621 .300(4), F.A.C .)-FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTICE OF INTENT TO USE THE GENERAL PERMIT FOR CONSTRUCTION OF
WATER MAIN EXTENSIONS FOR PWSS (PUBLIC WATER SYSTEMS).)-FLORID_Ai
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NOTIFICATION/APPLICATION FOR CONSTRUCTING A DOMESTIC WASTEWAT ER
COLLECTION/TRANSMISSION SYSTEM-FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION
SITE DEVELOPMENT PLAN AMENDMENT (SDPA) APPROVAL-COLLIER COUNTY
DEVELOPMENT REVIEW
RIGHT OF WAY USE PERMIT-COLLIER COUNTY
17.3 Contractor shall pay all sales, consumer , use and other similar taxes associated wi th the
Work or portions thereof, which are applicable during the performance of the Work.
18. TERMINATION FOR DEFAULT.
18.1 Contractor shall be considered in material default of the Agreement and such default
shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further
set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents
with in the time specified herein; or (2) fails to properly and timely perform the Work as directed
by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs
the Work unsuitably or neglects or refuses to remove materials or to correct or replace such
Work as may be rejected as unacceptable or unsuitable; or (4) discontinues the prosecution of
the Work; or (5) fails to resume Work which has been suspended within a reasonab le t ime after
being notified to do so ; or (6) becomes insolvent or is declared bankrupt, or commits any act of
bankruptcy; or (7) allows any final judgment to stand against it unsatisfied for more than ten (1 0)
days; or (8) makes an assignment for the benefit of creditors; or (9) fails to obey any applicable
codes, laws, ordinances, rules or regulations with respe ct to the Work; or (10) materially
breaches any other provision of the Contract Documents.
18.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines
that Contractor has not remedied and cured the default(s) within seven (7) calendar days
following receipt by Contractor of said written notice or such long er period of time as may be
consented to by Owner in writing and in its sole d iscretion , then Owner, at its option , without
releasing or waiving its rights and remedies against the Contractor's sureties and without
prejudice to any other right or remedy It may be entitled to hereunder or by law, may terminate
Contractor's right to proceed under the Agreement , in whole or in part, and take possession of
all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor,
take assignments of any of Contractor's subcontracts and purchase orders, and complete all or
any portion of Contractor's Work by whatever means, method or agency which Owner, in its
sole discretion, may choose.
18.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall
not be entitled to receive any further payments hereunder until after the Project is completed.
All moneys e xpended and all of the costs, losses, damages and extra expenses, including all
management, administrative and other overhead and other direct and indirect expenses
(including Design Professional and attorneys' fees) or damages incurred by Owne r incident to
61
Construction Services Ag reement: Revise d 06 152 01 7
such completion, shall be deducted from the Contract Amount, and if such expenditures exceed
the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on
demand the full amount of such excess, including costs of collection, attorneys' fees (including
appeals) and interest thereon at the maximum legal ra te of interest until paid . If the unpaid
balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by
the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to
be paid to the Contractor or Owner, as the case may be, shall be approved by the Project
Manager, upon application, and this obligation for payment shall survive termination of the
Agreement.
18.4 The liability of Contractor hereunder shall extend to and include the full amount of any
and all sums paid, expenses and losses incurred , damages sustained, and obligations assumed
by Owner in good faith under the belief that such payments or assumptions were necessary o.r
required , in completing the Work and providing labor, materials , equipment, supplies, and other
items therefore or re-letting the Work, and in settlement, discharge or compromise of any
claims, demands, suits, and judgments pertain ing to or arising out of the Work hereunder.
18.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is
determined for any reason that Contractor was not in default, or that its default was excusable,
or that Owner is not entitled to the remedies against Contractor provided herein , then the
termination will be deemed a termination for convenience and Contractor's remedies against
Owner shall be the same as and limited to those afforded Contractor under Section 19 below.
18.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty
(30) days after such payme nt is due or Owner otherwise persistently fails to fulfill some material
obligation owed by Owner to Contractor under this Agreement, and (li) Owner has failed to cure
such default within fourteen (14) days of receiving written notice of same from Contractor, then
Contractor may stop its performance under this Agreement until such default is cured, after
giving Owner a second fourteen (14) days written notice of Contractor's intention to stop
performance under the Agreement. If the Work is so stopped for a period of one hundred and
twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or
their agents or employees or any other persons performing portions of the Work under contract
with the Contractor or any Subcontractor, the Contractor may terminate this Agreement by
giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does
not cure its default within fourteen (14) days after receipt of Contractor's written notice,
Contractor may, upon fourteen (14) additional days' written notice to the Owner, term inate the
Agreement and recover from the Owner payment for Work performed through the termination
date, but in no event shall Contractor be entitled to payment for Work not performed or any
other damages from Owner.
19. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION.
19.1 Owner shall have the right to terminate this Agreement w ithout cause upon seven (7)
calendar days written notice to Contractor. In the event of such termination fo r convenience ,
Contractor's recovery against Owner shall be limited to that portion of the Contract Amount
earned through the date of te rm ination , together with any retainage withheld and reasonable
termination expenses in cu rred, but Contractor shall not be entitled to any other or further
recovery against Owner, including , but not limited to , damages or any anticipated profit on
portions of the Work not performed.
19 .2 Owner shall have the right to suspend all or any portions of the Work upon giving
Contractor not less than two (2) calendar days' prior written notice of such suspension . If all or
any portion of the Work Is so suspended, Contractor's sole and exclusive remedy shall be to
62
Const ru ction Services Agreement: Revi se d 0615201 7
seek an extension of time to its schedule in accordance with the procedures set forth in the
Contract Documents . In no event shall the Contractor be entitled to any additional
compensation or damages. Provided , however, if the ordered suspension exceeds six (6)
months, the Contractor shall have the right to terminate the Agreement with respect to that
portion of the Work which is subject to the ordered suspension.
20. COMPLETION.
20.1 When the entire Work (or any portion thereof designated in writing by Owner) is ready
for its Intended use , Contractor sha ll notify Project Manager in writing that the entire Work (or
such designated portion) is substantially complete. Within a reasonable time thereafter , Owner,
Contractor and Design Professional shall make an inspection of the Work (or designated portion
thereof) to determine the status of completion. If Owner, after conferring with the Design
Professional, does not consider the Work (or designated portion) substantially complete, Project
Manager shall notify Contractor in writing giving the reasons therefore. If Owner, after
conferring with the Design Professional , cons iders the Work (or designated portion)
substantially complete, Project Manager shall prepa re and deliver to Contractor a Certificate of
Substantial Comp letion which shall fix the date of Substantial Completion for the entire Work (or
designated portion thereof) and include a tentative punch-li st of items to be completed or
corrected by Contractor before final payment. Owner shall have the right to exclude Contractor
from the Work and Project site (or designated portion thereof) after the date of Substantial
Completion, but Owner shall allow Contractor reasonable access to complete or correct items
on the tentative punch-list. The Project Manager, shall coordinate with the Contractor the return
of any surplus assets, including materia ls, supplies , and equipment.
20.2 Upon receipt of written certification by Contractor that the Work is completed in
accordance with the Contract Documents and is ready for final inspection and acceptance,
Project Manager and Design Professional will make su ch inspection and, if they find the Work
acceptable and fully performed under the Co ntract Documents shall promptly approve payment,
recommending that , on the basis of their observations and inspections, a nd the Contractor's
certification that the Work has been comp leted in accordance with the terms and conditions of
the Contract Documents, that the entire balance found to be due Contractor is due and payable.
Neither the final payment nor the retainage shall become due and payable unti l Contractor
submits:
(1) Receipt of Contractor's Final App lcation for Payment.
(2) The Release and Affidavit in the form attached as Exhib~ C.
(3) Consent of surety to final payment.
(4} Receipt of the final payment check list.
(5) If required by Owner, other data establishing payment or satisfa ction of all
obligations, suc h as receipts , releases and waivers of liens, arising out of the
Contract Documents, to the extent and in such form as may be designated by
Owner.
Owner reserves the right to inspect the Work and make an independent determination as to the
Work's acceptabil~y . even though the Design Professional may have issued its
recommendations. Unless and until the Owner is comp lete ly satisfied, neither the final payment
nor the retain~e shall become due and payabl e.
21. WARRANTY.
21.1 Contract or shall obtain a nd assign to Owner all express warranties given to Contractor
or any subcontractors by any subcontractor or material men supplying materials, equipment or
Construction Se rvices Agreem ent: Revised 06 1 520~~ ®
fixtures to be in corporated into the Project. Contractor warrants t o Own er that any materials
and equipment furnished under the Contract Documents shall be new unless otherwise
specified, and that all Work shall be of good quality, free from all defects and in confo rman ce
with the Con tract Documents. Contractor further warra nt s to Owner that all materia ls and
equ ipmen t furni shed under th e Contract Documents sha ll be applied, installed, co nnected,
erected, used, cleaned and conditioned in accordance wi th the instructions of the applicab le
manufacturers, fabricators, suppliers or processors except as oth erwise provided for in th e
Contract Documents. If, within one (1) year after Substantial Completion, any Work is found t o
be defective or not in co nfo rman ce with the Contract Docu ments, Con tractor shall correct it
promptly afte r receipt of w ritten notice from Owner. Contractor shall a lso be responsibl e for and
pay for replacement or repair of adjacent materials or Work which may be damaged as a result
of such replacement or repair. Further, in the event of an eme rg ency, Owne r may commence to
correct any defective Work, without prior noti ce to Contra ctor, at Con tr actor's expe n se . These
warranties are in addition to those implied warranties to which Owner is entitled as a matter of
law.
21.2 No late r than 30 days prior to expiratio n of the warranty, th e Project Manager, or anothe r
representative of the Owner, shall conduct an Inspection of the warranted work to verify
compliance with th e requirements of the Agreement. The Co nt r actor's Representat ive shall be
present at the time of inspection and shall t ake remedial actions to correct any deficiencies
noted in the inspection . Failure of the Contractor to correct the cited deficiencies sha ll be
grounds for the Owner to d isqualify the Contractor from future bid opportunities with the Owner,
in addition to any other rights and remedies available t o Owner.
22. TESTS AND INSPECTIONS .
22 .1 Owner, Design Professional, their respective representatives, agents and employees,
and governmenta l agencies w ith jurisdiction over th e Project s hall have access at all times to
the Work, whether th e Work is bei ng performed on or off of the Project site, for th ei r
obse rvation, inspection and testing . Contractor shall provide proper, safe conditions for such
access . Contractor shall provide Project Manager with timely notice of readiness of the Work
for all required Inspections, tests or approvals.
22.2 If th e Cont ract Documents or any codes, l aws, ordinances, rules or regulations of any
publi c au thority having jurisdiction over th e Project requires any portion of the Work to be
specifically inspected, tested or approved, Contractor shall assume full responsibility therefore,
pay all costs in connection therewith and furnish Project Manager the requi red cert ific ates of
in spection, testing or app rov al. A ll inspections, tests or approva ls shall be performed in a
manner and by organizations acceptable to the Project Manager.
22 .3 Contractor is re spo n sible, without reimbursemen t from Owner, for re-i nspection fees and
costs; to the extent such re-inspections are due to the fault or neglect of Contractor.
22.4 If any Work that i s to be inspected, tested or approved is covered without written
co ncurrence from the Proj ect Manager, such work mu st, If requested by Project Manager, be
un cove red for observatio n. Such uncoverin g shall be at Contractor's expense unless Co ntractor
has give n Project Manager timely notice of Contracto r's Intention to cover the same and Project
Manager has not acted with reasonable promptness to respond to such notice . If any Work is
cove red contrary to written directio ns from Project Manager, such Work mu st, if req uested by
Proj ect Manager, be uncovered for Project Manager's observation and be replaced at
Con tractor's sole expense.
64
Construction Services Agreem ent: Revised 06152017
22 .5 The Owner shall charge to Contractor and m ay deduct from any payments due
Contractor all engineering and inspection expenses incurred by Owner in conne ction with any
overtime work . Such overtime wo rk consis ting of any work during the construction period
beyond the regular eig ht (8) hour day and for any work performed on Saturday, Sunday or
ho lidays .
22.6 Neither observations nor other actions by the Project Manager or Design Professional
nor inspections, tests or approvals by others shall relieve Contractor from Contractor's
obligatio ns to perform the Work in accordance with the Contract Documents .
23. DEFECTIVE WORK.
23.1 Work not conforming to the requ irements of the Contract Documents or any warranties
made or assigned by Contractor to Owner shall be deemed defective Work. If required by
Project Manager, Contractor shall as directed, either correct all defective Work, whether or not
fabricated , installed or completed, or if the defective Work has been rejected by Project
Manager, remove it from the site and rep lace it with non-defective Work. Contracto r shall bear
all direct, indirect and consequential costs of such co rrection or remova l (including, but not
limited to fees and charges of enginee rs, architects, attorneys and other professionals) made
necessary thereby, and shall hold Owner harmless for same .
23.2 If the Project Manager considers it necessary or advisable that covered Work be
observed by Design Professional or inspected or tested by others and such Work is not
otherwise required to be inspected or tested , Contractor, at Project Manager's request, shall
uncover, expose or otherwise make available for observation , inspection or test s as Project
Manager may require, that portion of the Work in question, furn ishing all necessary labor,
material and equipment. If it is found that such Work is defective, Co ntractor shall bear all
d irect , indirect and consequential costs of such uncovering , exposure , observation , inspection
and testing and of satisfactory reconstruction (including , but not limited to, fees and charges of
engineers, architects, attorneys and other professionals), and Owner sha ll be entitled to an
appropriate decrease In the Contract Amount. If, however, such Work is not found to be
defective, Contractor shall be allowed an increase in the Contract Amount and/or an extension
to the Contract Time, directly attributab le to such uncovering, exposure, observation , inspection,
testing and reconstruction .
23 .3 If any portion of the Work is defective, or if Contractor fails to supply sufficient ski lled
workers, suitable materials or equipment or fails to finish or perform the Work in such a way that
the completed Work will conform to the Contract Documents, Project Manage r may order
Contractor to stop the Work , or any portion thereof, until the cause for such order has been
eliminated . The right of Project Manager to stop the Work shall be exercised, if at all, solely for
Owner's benefit and nothing herein shall be co nstrued as obligating the Project Manager to
exercise this right for the benefit of Design Engineer, Contractor, or any other person .
23.4 Should the Owner determine , at its sole opinion , it is in the Owner's best interest to
accept defective Work, the Owner may do so . Contra ctor shal l bear all direct, indirect and
consequential costs attributable to the Owner's eva luation of and determinati on to accept
defective Work . If such determ ination is rendered prior to final payment, a Change Order shall
be executed evidenci ng such acceptance of such defective Work, incorporating the ne cessary
revis ions in the Contract Do cuments and reflecting an appropriate decrease in the Contract
Amount. If the Owner accepts such defective Work after final payment, Contractor shall
promptly pay Owner an appropriate amount to ad equately compensate Owner for its
acceptance of the defective Work.
65
Constru cti on Se rv ices Agree ment: Revi se d 06152017
fff\
\§)
23.5 If Contractor fails, within a reasonable time after the written notice from Project Manager,
to correct defective Work or to remove and replace rejected defective Work as required by
Project Manager or Owner, or if Contractor fails to perform the Work in accordance with the
Contract Documents, or if Contractor fails to comply with any of the provisions of the Contract
Documents, Owner may , after seven (7) days written notice to Contractor, correct and remedy
any such deficiency. Provided , however, Owner shall not be required to give notice to
Contractor in the event of an emergency. To the extent necessary to complete corrective and
remedial action, Owner may exclude Contractor from any or all of the Project site, take
possession of all or any part of the Work, and suspend Contractor's services re lated thereto,
take possession of Contractor's tools, appliances, construction equipment and machinery at the
Project site and incorporate in the Work all materials and equipment stored at the Project site or
for wh ich Owner has paid Contractor but which are stored elsewhere . Contractor shall allow
Owner, Design Professional and their respective representatives, agents, and employees such
access to the Project site as may be necessary to enable Owner to exercise the rights and
remedies under this paragraph . All direct, Indirect and consequential costs of Owner in
exercising such rights and remedies shall be charged against Contractor, and a Change Order
shall be issued, incorporating the necessary revisions to the Contra ct Documents, including an
appropriate decrease to the Contract Amount. Such direct, indirect and consequenti al costs
shall include, but not be limited to, fees and charges of engineers , architects, attorneys and
other professionals, all court costs and all costs of repair and replacement of work of others
destroyed or damaged by correction, removal or replacement of Contractor's defective Work.
Contractor shall not be allowed an extension of the Contract T ime because of any delay in
performance of the Work attributable to the exercise by Owner of Owner's rights and remedies
hereunder.
24. SUPERVISION AND SUPERINTENDENTS.
24 .1 Contractor shall plan, organize , supervise, schedule, monitor, direct and control the
Work competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with the Contract
Documents. Contractor shall be responsible to see that the finished Work complies accurately
with the Contract Documents. Contractor shall keep on the Work at all times during its progress
a competent resident superintendent, who shall be subject to Owne r's approval and not be
replaced without prior written notice to Project Manager except under extraordinary
circumstances . The superintendent shall be employed by the Contractor and be the
Contractor's representative at the Project site and shall have authority to act on behalf of
Contractor . All communications given to the superintendent shall be as binding as if given to
the Contractor . Owner shall have the right to direct Contractor to remove and replace its Project
superintendent, with or without cause . Attached to the Agreement as Exhib~ N is a list
identifying Contractor's Project Superintendent and all of Contractor's key personnel who are
assigned to the Project; such identified personnel shall not be removed without Owner's prior
written approval, and if so removed must be immediately replaced with a person acceptable to
Owner.
24 .2 Contractor shall have a compe tent superintendent on the project at all times whenever
contractor's work crews, or work crews of other parties authorized by the Project Manager are
engaged in any activity whatsoever associated with the Project. Should the Contractor fail to
comply with the above condition, the Project Manager shall , at his d iscretion , deduct from th e
Contra ctor's month ly pay estimate, sufficient moneys to account for the Owner's loss of
adequate project supervision , not as a pena~y . but as liquidated damages, separate from the
liquidated damages described in Section 5.8, for services not rendered.
25. PROTECTION OF WORK.
Construction Services Ag ree ment: Revised 06 1 520~~ ®
25.1 'Contractor shall immediately notify Project Manager and Design Professional. The
Owner or Design Professional shall re-establish the benchmarks and Contractor shall be liable
for all costs incurred by Owner associated therewith.
26. EMERGENCIES.
26.1 In the event of an emergency affecting the safety or protection of persons or the Work or
property at the Project site or adjacent thereto, Contractor, without special instruction or
authorization from Owner or Design Professional is obligated to act to prevent threatened
damage, injury or loss. Contractor shall give Project Manager written notice within forty-eight
(48) hours after Contractor knew or should have known of the occurrence of the emergency, if
Contractor believes that any significant changes in the Work or variations from the Contract
Documents have been caused thereby. If the Project Manager determines that a change in the
Contract Documents is required because of the action taken in response to an emergency, a
Change Order shall be issued to document the consequences of the changes or variations. If
Contractor fails to provide the forty-eight (48) hour written notice noted above, the Contractor
shall be deemed to have waived any right it otherwise may have had to seek an adjustment to
the Contract Amount or an extension to the Contract Time.
27. USE OF PREMISES.
27.1 Contractor shall maintain all construction equipment, the storage of materials and
equipment and the operations of workers to the Project site and land and areas identified in and
permitted by the Contract Documents and other lands and areas permitted by law, rights of way,
permits and easements, and shall not unreasonably encumber the Project site with construction
equipment or other material or equipment. Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or occupant thereof, or any l and or areas
contiguous thereto, resulting from the performance of the Work.
28. SAFETY.
28 .1 Contractor shall be responsible for initiating , maintaining and superv1s1ng all safety
precautions and programs in connection with the Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage,
inj ury or lo ss to :
28.1.1 All employees on or about the project site and other persons and/or
organizations who may be affected thereby;
28.1.2 All the Work and materials a nd equipment to be incorporated therein ,
whether in storage on or off the Project site; and
28 .1.3 Other property on Project site or adjacent thereto , including trees , shrubs,
walks, pavements, roadways , structures, utilities and any underground structures or
improvements not designated for removal, relocation or replacement in the Contract
Documents.
28 .2 Contractor sha ll comply with all applicable codes, laws, ordinances, rules and
regulations of any public body having jurisdiction for the safety of persons or property or to
protect them from damage, injury or loss . Contractor shall erect and maintain all necessary
safeguards for such safety and protection . Contractor shall notify owners of adjacent property
and of underground structures and improvements and utility owners when prosecution of th e
67
Constru cllon Servi ces Agreement: Revised 061520 17
Work may affect them, and shall cooperate with them in the protection, removal, relocation or
replacement of their property. Contractor's duties and responsibilities for the safety and
protection of the Work shall continue until such time as the Work is completed and final
acceptance of same by Owner has occurred .
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
28 .3 . Contractor shall designate a respons ible representative located on a full time basis at
the Project site whose duty shall be the prevention of accidents . This person shall be
Contractor's superintendent unless otherwise designated in writing by Contractor to Owner.
28.4 Alcohol, drugs and all illegal substances are strictly prohibtted on any Owner property.
All employees of Contractor, as well as those of a ll subcontractors and those of any other
person or entity for whom Contractor is legally liable (collectively referred to herein as
"Employees"), shall not possess or be under the influence of any such substances wh ile on any
Owner property. Further, Employees shall not bring on to any Owner property any gun , rifle or
other firearm , or explosives of any kind.
28 .5 Contractor acknowledges that the Work may be progressing on a Project site which is
located upon or adjacent to an existing Owner facility. In such event, Contractor shall comply
with the following:
28 .5 .1 All Owner facilities are smoke free. Smoking is strictly prohibited;
28 .5.2 All Employees sha ll be provided an identification badge by Contractor.
Such Identification badge must be prominently displayed on the outside of the Employees'
clothing at all times. All Employees working at the Project site must log in and out with the
Contractor each day;
28.5.3 Contractor shall strictly limit its operations to the designated work areas
and shall not permit any Employees to enter any other portions of Owner's property without
Owner's expressed prior written consent;
28 .5.4 All Employees are prohibited from distributing any papers or other
materials upon Owner's property , and are strictly prohibited from using any of Owner's
telephones or other office equipment;
28.5.5 All Employees shall at all times comply with the OSHA regulations with
respect to dress and conduct at the Project site . Further, all Employees shall comply with the
dress , conduct and facility regulations issued by Owner's officials onsite, as said regulations
may be changed from time to time;
28.5 .6 All Employees shall enter and leave Owner's facilities only through the
ingress and egress points identified in the site utilization plan approved by Owner or as
otherwise designated, from time to time, by Owner in writing;
28 .5.7 When requested, Contractor shall cooperate with any ongoing Owner
investigation involving personal injury, economic loss or damage to Owner's facilities or
personal property therein; 8
68
Con stru ctio n Services Agree ment : Revi sed 061 52017
28.5 .8 The Employees may not solicit, distribute or sell products while on
Owner's property. Friends, family members or other visitors of the Employees are not permitted
on Owner's property; and
28.5.9 At all times, Contractor shall adhere to Owner's safety and security
regulations, and shall comply with all security requirements at Owner's facilities, as said
regulations and requirements may be modified or changed by Owner from time to time.
29. PROJECT MEETINGS.
Prior to the commencement of Work, the Contractor shall attend a pre-construction conference
with the Project Manager, Design Professional and others as appropriate to discuss the
Progress Schedule, procedures for handling shop drawings and other submittals, and for
processing Applications for Payment , and to establish a working understanding among the
parties as to the Work . During the prosecution of the Work, the Contractor shall attend any and
all meetings convened by the Project Manager with respect to the Project, when d irected to do
so by Project Manager or Design Professional. The Contractor shall have its subcontractors and
suppliers attend all such meetings (including the pre-construction conference) as may be
directed by the Project Manager .
30. VENDOR PERFORMANCE EVALUATION.
Owner has implemented a Vendor Performance Evaluation System for all contracts awarded in
excess of $25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of this Agreement.
31. MAINTENANCE OF TRAFFIC POLICY.
For all projects that are conducted within a Collier County Right-of-Way , the Contractor shall
provide and erect Traffic Control Devices as prescribed in the current edition of the Manual On
Uniform Traffic Control Devices (MUTCD), where applicable on local roadways and as
prescribed in the Florida Department of Transportation's Design Standards (OS), where
applicable on state roadways . These projects shall also comply with Collie r County's
Maintenance of Traffi c Policy, #5807 , incorporated herein by reference . Cop ies are available
through Risk Management and/or Procurement Services Division, and is available on-line at
colliergov.netlpurchasing .
The Contractor will be responsible for obtaining copies of all required manuals, MUTCD, FOOT
Roadway & Traffic Design Standards Indexes, or other related documents, so to become
familiar with their requirements. Strict adherence to the requirements of the Maintenance of
Traffic ("MOT') pol icy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT Is to be provided within ten (10) days of rece ipt of Notice of
Award .
32. SALES TAX SAVINGS AND DIRECT PURCHASE.
32 .1 Contractor shall pay all sales , consumer, use and other similar taxes associated with the
Work or portions thereof, which are applicab le during the performance of the Work. No markup
shall be applied to sales tax. Add itionally, as di rected by Owner and at no additional cost to
69
Constructi on Servico s Ag ree ment : Revised 06 152017
Owner, Contractor shall comply with and fully implement the sales tax savings program with
respect to the Work , as set forth in section 32 .2 below:
32 .2 Notwithstand ing anything herein to the contrary, because Owner is exempt from sales
ta x and may wish to generate sales tax savings for the Project, Owner reserves the right to
make direct purchases of various construction materials and equipment included in the Work
("Direct Purchase"). Contractor shall prepare purchase orders to vendors selected by
Contractor, for execution by Owner, on forms provided by Owner. Contractor shall allow two
weeks for execution of all such purchase orders by Owner. Contractor represents and warrants
that it will use its best efforts to cooperate with Owner in implementing this sales tax savings
program in order to maximize cost savings for the Project. Adjustments to the Contract Amount
will be made by appropriate Change Orders for the amounts of each Owner Direct Purchase ,
plus the saved sales taxes. A Change Order shall be processed promptly after each Direct
Purchase, or group of similar or related Direct Purchases, unless otherwise mutually agreed
upon between Owner and Contractor. With respect to all Direct Purchases by Owner,
Contractor shall remain responsible for coordinating , ordering , inspecting , accepting delivery,
storing, handling , installing, warranting and quality control for all Direct Purchases.
Notwithstanding anyth ing herein to the contrary, Contractor expressly acknowledges and agrees
that all Direct Purchases shall be included within and covered by Contractor's warranty to
Owner to the same extent as all other warranties prov ided by Contractor pursuant to the terms
of the Contract Documents . In the eve nt Owner makes a demand against Contractor with
respect to any Direct Purchase and Contractor wishes to make claim against the manufacturer
or supplier of such Direct Purchase , upon request from Contractor Owner shall assign to
Contractor any and all warranties and Contract rights Owner may have from any manufacturer
or supplier of any such Direct Purchase by Own e r.
32.3 Bidder represents and warrants that it is aware of its statutory responsibilities for sale tax
under Chapter 212 , Florida Statutes, and for its responsibilities for Federal exc ise taxes .
33. SUBCONTRACTS.
33 .1 Contractor shall review the design and shall determine how it desires to divide the
sequence of construction activities . Contractor will determine the breakdown and composition
of bid packages for award of subcontracts, based on the current Project Mile stone Schedu le,
and shall supply a copy of that breakdown and composition to Owner and Design Professional
for their review and approval prior to submitting its first Application for Payment. Contractor
shall take into consideration such factors as natural and practical lines of severability,
sequencing effectiveness , access and availabil~y constraints , total time for completion ,
construction market conditions, availability of labor and materials, community relations and any
other factors pertinent to saving time and costs .
33 .2 A Subcontractor is any person or entity who Is performing, furnishing, supplying or
providing any portion of the Work pursuant to a contract with Contractor. Contractor shall be
solely responsible for and have control over the Subcontractors. Contractor shall negotiate all
Change Orders, Work Directive Changes , Field Orders and Requests for Proposal , with all
affected Subcontractors and shall review the costs of those proposals and advise Owner and
Design Professional of their validity and reasonableness, acting in Owner's best Interest, prior to
requesting approval of any Change Order from Owner. All Subcontractors performing any
portion of th e Work on this Project must be "qualified" as defined in Collier County Ordinance
2013-69, meaning a person or entity that has the capabil~y in all respects to perform fully the
Agreement requirements with respect to its portion of the Work and has the integrity and
reliability to assure good faith performance .
70
Cons tru ctio n Services Ag ree ment : Revised 06 152017
33 .3 In addition to those Subcontractors identified in C ontractor's bid that were approved by
Owner, Contractor also shall identify any other Subcontractors, including their addresses,
licensing information and phone numbers, it intends to utilize for the Project prior to entering into
any subcontract or purchase order and prior to the Subcontractor commencing any work on the
Project. The list identifying each Subcontractor cannot be modified, changed , or amended
w ithout prior written approval from Owner. Any and all Subcontractor work to be self-performed
by Contractor must be approved in writing by Owner in its sole discretion prior to
commencement of such work. Contractor shall continuously update that Subcontractor list, so
that it remains current and accurate throughout the entire performance of the Work.
33.4 Contractor shall not enter into a subcontract or purchase order with any Subcontractor, if
Owner reasonably objects to that Subcontractor. Contractor shall not be requ ired to contract
with anyone it reasonably objects to . Contractor shall keep on file a copy of the license for
every Subcontractor and sub-subcontractor performing any portion of the Work, as well as
maintain a log of all such licenses. All subcontracts and purchase orders between Contractor
and its Subcontractors shall be in writing and are subject to Owner's approval. Further, unless
expressly waived in writing by Owner, all subcontracts and purchase orders shall (1) require
each Subcontractor to be bound to Contractor to the same extent Contractor is bound to Owner
by the terms of the Contract Documents, as those terms may apply to the portion of the Work to
be performed by the Subcontractor, (2) provide for the assignment of the subcontract o r
purchase order from Contractor to Owner at the ele ction of Owner upon termination of
Contractor, (3) provide that Owne r will be an additional indemnified party of the subcontract or
purchase order, (4) provide that Owner, Collier County Government, will be an additional
insured on all liability insurance policies requ ired to be provided by the Subcontractor except
workman 's compensation and business automobile policies, (5) assign all warranties directly to
Owner, and (6) identify Owner as an intended third-party beneficiary of the subcontract or
purchase order. Contractor shall make available to each proposed Subcontractor, prior to the
execution of the subcontract, copi es of th e Contract Documents to which the Subcontractor will
be bound . Each Subcontractor shall similarly make copies of such documents available to its
sub-subcontractors .
33.5 Each Subcontractor performing work at the Project Site must agree to provide field (on-
site) supervision through a named superintendent for each trade (e.g ., general concrete forming
and placement, masonry, mechanica l, plumb ing, electrical and roofing) included in its
subcontract or purchase order. In addition, the Subcontractor shall assign and name a qualified
employee for scheduling direction for its portion of the Work. The supervisory employees of the
Subcontractor (including field superintendent, foreman and schedulers at all levels) must have
been employed in a supervi sory (leadership) capacity of substantially equivalent level on a
similar project for at least two years within the last f ive years. The Subcontractor shall include a
resume of experience for each employee identified by it to supervise and schedule its work.
33 .6 Unless otherwise expressly waived by Owner in writing , ali subcontracts and purchase
orders shall provide :
33.6 .1 That the Subcontractor's exclusive rem edy for delays in the pe rformance of
the subcontract or purchase order caused by events beyond its control, including delays
cla imed to be caused by Own er or Design Professional or attributable to Owner or Design
Professional and including claims based on breach of contract or negligence , shall be an
extension of its contract time .
33.6 .2 In the event of a change in the work, the Subcontractor's claim for
adjustments in the contract sum are limited exclusively to its actual costs for such changes plus
no more than 10% for overhead and profit.
Constru cti on Services Agreement: Revised 06 1 520~~ 0
33.6.3 The subcontract or ·purchase order, as applicable, shall require the
Subcontractor to expressly agree that the foregoing constit ute its sole and exclusive remedies
for delays and changes in the Work and thus eliminate any other remedies for claim for increase
in the contract price, damages, losses or additional compensation . Further, Contractor shall
require all Subcontractors to similarly incorporate the terms of this Section 33.6 into their sub-
subcontracts and purchase orders.
33.6.4 Each subcontract and purchase order sha ll requ ire that any c laims by
Subcontractor for delay or add iti ona l cost must be submitted to Contractor within the time and in
the manner in which Contractor must submit such claims to Owner, and that failure to comply
with such conditions for giving notice and submitting claims shall result in the waiver of such
claims.
34. CONSTRUCTION SERVICES.
34 .1 Contractor shall maintain at the Project site, originals or copies of, on a current basis, all
Proj ect files and records, including, but not limited to, the foll owing administrative records:
34.1 .1
34 .1.2
34.1.3
34 .1.4
34 .1.5
34 .1.6
34 .1 .7
34 .1.8
34.1 .9
34.1.10
34 .1.11
34 .1.12
34 .1.13
34 .1.14
34.1.15
34 .1.16
34.1.17
34.1.18
34 .1.19
34 .1.20
34.1.2 1
34 .1.22
34.1 .23
34.1.24
34.1 .25
34 .1 .26
34.1 .27
34 .1.28
34 .1.29
34 .1.30
34 .1.31
34.1.32
Subcontracts and Purchase Orders
Subcontractor Licenses
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records
Labor Costs
Material Costs
Equipment Costs
Cost Proposal Request
Payment Request Records
Meeting Minutes
Cost-Estimates
Bu ll etin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Permits
Material Purchase Delivery Logs
Technical Sta ndards
Design Handbooks
"As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Fil es
Transmittal Records
Inspection Reports
Punch Li sts
PM IS Schedu le and Updat es
Suspense (Tick ler) Files of Outstanding
Requirements
72
Constru ction Services Agreement: Revi se d 06152 017
The Project files and records shall be available at all times to Owner and Design Professional or
their designees for reference , review or copying .
34 .2 Contractor Presentations
At the discretion of the County, the Contractor may be required to provide a brief update on the
Project to the Collier County Board of County Commissioners, "Board", up to two (2) times per
contract term. Presentations shall be made in a properly advertised Pub lic Meeting on a
schedule to be determined by the County Manager or his designee. Prior to the scheduled
presentation date, the Contractor shall meet with appropriate County staff to discuss the
presentation requirements and format. Presentations may include, but not be limited to, the
following information : Original contract amount, project schedule , project completion date and
any changes to the aforementioned since Notice to Proceed was issued .
36. SECURITY.
The Contractor is required to comply with County Ordinance 2004-52 , as amended . Background
checks are valid for five (5) years and the Contractor shall be responsible for all associated
costs. If requ ired, Contractor shall be responsible for the costs of providing background checks
by the Collier County Facilities Management Division for all employees that shall provide
services to the County under this Agreement. This may include, but not be limited to, checking
federal, state and local law enforcement records, includ ing a state and FBI fingerprint check,
credit reports, education, residence and employment verifications and other related records.
Contractor shall be required to maintain records on each employee and make them available to
the County for at least four (4) years.
All of Contractor's employees and subcontractors must wear Collier County Government
Identificat ion badges at all times while performing services on County facilities and properti e s.
Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed
each year at no cost to the Contractor during the time period in which their background check is
valid, as discussed below. All technicians shall have on their shirts the name of the contractor's
business.
The Contractor shall immediately notify the Collier County Facilities Management Division v iae-
mail (Dl-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates
from their employment. This notification is critical to ensure the continued security of Collier
County facil ities and systems . Failure to notify within four (4) hours of separation may result in a
deduction of $500 per incident.
CCSO requires separate fingerprinting prior to work being performed in any of thei r locations.
This will be coordinated upon award of the contract. If there are additional fees for this process,
the vendor is responsible for all costs.
36. VENUE.
Any suit or action brought by either party to this Agreement against the other party relating to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Colli er
County, Florida , which courts have sole and exclusive jurisdiction on all such matters.
37. VALUE ENGINEERING.
All projects with an estimated cost of $10 million or more shall be reviewed for cons ideration of
a Value Engineering (VE) study conducted during project developme nt. A "project" shall be
defined as the collective contracts , which may include but not be limited to: design , construction,
73
Construction Services Ag ree ment: Revised 061520 17
and construction, engineering and inspection (CEI) services. Additionally, any project with an
estimated construction value of $2 million or more may be reviewed for VE at the discretion of
the County.
38. ABOVEGROUND/UNDERGROUND TANKS.
38.1 The contractor shall ensure compliance with all NFPA regulations: specifically 110 &
30130A; FDEP chapter 62 regulations: specifically 761, 762, 777, and 780; 376 & 403 Florida
Statutes; and STI, UL, PEl, ASME , NACE, NLPA, NIST & API referenced standa rds pertaining
to the storage of hazardous materials and petroleum products.
38.2 The contractor shall notify the Solid & Hazardous Waste Management Department
(SHWMD) prior to the installation, removal , or maintenance of any storage tank, including day
tanks for generators, storing I will be storing petroleum products or hazardous materials. The
contractor shall provide a 10 day and 48 hour notice to SHWMD 239-252-2508 prior to
commencement.
The contractor shall provide the plans pertain ing to the storage tank systems contain ing
hazardous materials I petroleum products to the SHWMD prior to plans submittal to a permitting
entity and then SHWMD must approve the plans prior to contractor's submittal for permitting .
39. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES.
The Contractor shall employ people to work on Owner's projects who are neat, clean,
well-groomed and courteous. Subject to the Americans with Disabilities Act, Contractor shall
supply competent employees who are physically capable of performing their employment duties.
The Owner may require the Contractor to remove an employee it deems careless, incompetent,
Insubord inate or otherwise objectionable and whose continued employment on Owner's projects
is not in the best interest of the County.
40. DISPUTE RESOLUTION.
Prior to the initiation of any action or proceeding permitted by this Agreement to resolve
disputes between the parties, the parties shall make a good faith effort to resolve any such
disputes by negotiation . The negotiation shall be attended by representatives of Contractor with
full decision-making authority and by Owner's staff person who would make the presentation of
any settlement reached during negoti ations to Owner for approval. Failing resolution , and prior
to the commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-
upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by
representatives of Contractor with full decision-making authority and by Owner's staff pe rson or
designee who would make the presentation of any settlement reached at mediation to Owner's
Board for approval. Should either party fail to submit to mediation as required hereunder, the
other party may obtain a court order requiring mediation under Section 44.102, Fla . Stat.
Any suit or action brought by either party to this Agreement against the other party relati ng to or
arising out of this Agreement must be brought in the appropriate federal or state courts in Collie r
County, Florida , which courts have sole and exc lusive juri sdiction on all such matters.
74
Constru cti on Servi ces Agreement: Revised 061520 17
EXHIBIT 1: SUPPLEMENTAL TERMS AND CONDITIONS
Supporting documents found at: http://bid.colliergov.net/bld/
and titled : 18-7240-Exhibit I -02_Federal Contract Provisions FINAL/18-7240 -/18-7240
Exhibit I -04_Speclal Conditions
75 ~
Construction Services Agreement : Revised 06 152017 ~
MARC O ISLAND EX ECUTI VE AIRPORT
NEW TERMINAL BUILDIN G AND ASSOC IATED IMPROVEMENTS STATE AND FE DERAL CONTRACT PROVIS IONS
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROVISIONS
CSFA 56.004
The supplementa l conditions contained in this section are intended to cooperate with , to
supplement, and to modify the general conditions and other specifications. In cases of
disagreement with any other section of this contract, th e Supplemental Conditions shall govern .
The services performed by the awarded Contractor sha ll be in compliance with all applicable State
of Florida Department of Transportation regulations/requirements , and additional requirements
specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize
the necessary manuals and guidelines that apply to the work required to complete this project. In
general,
1) The contractor (inclu ding all subcontractors) must insert these contract provisions in
each lower tier contracts ( e .g . subcontract or sub-agreement);
2) The contractor (or subcontractor) must incorporate the applicable requirements of
these contract provisions by reference for work done under any purchase orders,
renta l agreements and other agreements for supplies or services;
3) The prime contractor is responsible for compliance with these contract provisions by
any subcontractor, lo wer-tier subcontractor or service provider
VOLUM E 1 • BID DOCUM ENTS FCP-1
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISION S
FEDERAL CONTRACT PROVISIONS
CIVIL RIGHTS -GENERAL
(Reference: 49 USC § 47123)
The contra ctor agrees that it will co mply with pertinent statutes, Executive Orders and such rules
as are promulgated to e nsure that no person shall, on the grounds of race , creed, co lor, nat ional
origi n, sex, age , or handicap be excluded from participating in any activity co nducted w ith or
benefiting from Federal assistance .
This provisio n binds the contractors from the bid solici tati on period through the completion of the
contract. This provision is In addition to that required of Title VI of the Civi l Rights Act of 1964.
-V-O-LU_M_E_1---BI_D _O~OC~U-M~E-~~S~------------~F~C~P-~2 -------------------------------~
MARCO I SLAND EXECUTIVE AIRPO RT
NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVIS ION S
FEDERAL CONTRACT PROVISIONS
CIVIL RIGHTS-TITLE VI ASSURANCES
1.1.1. Title VI Solicitation Notice
(Source: Appendix 4 of FAA Order 1400.11 , Nondiscrimination in Federally-Assisted Programs
at the Federal Aviation Adninistration)
Title VI Solicitation Notice:
The Collier County. in accordance with the provisions of Title VI of the Civil
Rights Act of 1964 (78 Stat. 252 , 42 U.S.C. §§ 2000d to 2000d-4) and the
Regulations, hereby notifies all bidders that it will affirmatively ensure that any
contract entered into pursuant to this advertisement, disadvantaged business
enterprises will be afforded full and fair opportunity to submit bids in response to
this invitation and will not be discriminated against on the grounds of race , color,
or national o rigin in conside ration for an award.
1.1.2. Title VI Clauses for Compliance with Nondiscrimination Requirements
(Source: Appendix A of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federa lly-
Assisted Programs at the Federal Aviation Administration)
Compliance with Nondiscrimination Requirements
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Statutes and Authorities,
as they may be amended from time to time , which are here in incorporated by reference
and made a part of this contract.
2. Non-discrimination: The contractor, with regard to the wor1< performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of
equipment. The contractor will not participate directly or indirectly in the discrimination
prohibited by the Acts and the Regulations, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21 .
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation made by the contractor for
work to be performed under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be notified by the contractor of
the contractor's obligations under this contract and the Acts and the Regulations relative to
Non-discri mination on the grounds of race, color, or national origin .
VOLUME 1 -BID DOCUMENTS FCP-3
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL BUILDING AND ASSOCIAT ED IMPROVE MENTS STATE AND FEDE RAL CONTRACT PROVISIONS
4 . Information and Reports: The contractor will provide all information and reports required
by the Acts, the Regulations , and directives issued pu rsuant thereto and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration to be pertinent to
ascertain compliance with such Acts , Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the contractor will so certify to the sponsor or the Federal Aviation
Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
s. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions
as it or the Federal Aviation Administration may determine to be appropriate, including , but
not limited to :
a . Withholding payments to the contractor under the contract until the contractor
complies: and/or
b. Cancelling, terminating , or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant
thereto . The contractor will take action with respect to any subcontract or procurement as
the sponsor or the Federal Aviation Administration may d i rect as a means of enforcing su ch
provisions including sanctions for noncompliance. Provided, that if the cont ractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the contractor may request the sponsor to enter into any litigation to protect the
interests of the sponsor. In addition, the contractor may request the United States to enter
into the litigation to protect the interests of the United States.
1.1.3. Title VI Clauses for Deeds Transferring United States Property
(Source: Appendix B of Appendix 4 of FAA Order 1400.11 , Nondiscrimination in Federally-
Assisted Programs at the Federal Aviation Administrat ion )
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or record ing the transfer of real property,
structures, or improvements thereon, or granting interest the rein from the United States pursuant
to the provisions of the Airport Improvement Program grant assurances.
NOW, THEREFORE, the Federal Aviation Administration as authorized by law and upon the
condition that the Marco Island Executive Airport will accept title to the lands and maintain the
project constructed thereon in accordance with Federal Aviation Administration, fo r the AlP
Program, and the policies and procedures prescribed by th e Federal Aviation Administration of the
U.S. Department of Transportation in accordance and in compliance with all requirements imposed
by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A , Office of
VOLUME 1 • BID DOCUMENTS FC P-4
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISION S
the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department
of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of
1964 (78 Stat. 252; 42 U.S. C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and
convey unto the Marco Island Executive Airport all the right, title and inte rest of the U.S . Department
of Transportation/Federal Aviation Administration in and to said lands described in and made a part
hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto Marco Island Executive Airport and
its successors forever, subject, however, to the covenants, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real property
or structures are used for a purpose for which Federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits and will be binding on the
Marco Island Executive Airport, its successors and assigns.
The Marco Island Executive Airport, in consideration of the conveyance of said lands and interests
in lands, does hereby covenant and agree as a covenant runn ing with the land for itself, its
successors and assigns, that (1) no person will on the grounds of race , color, or national origin, be
excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination
with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed
[,] [and]* (2) that the Marco Island Executive Airport will use the lands and interests in lands and
interests in lands so conveyed , in compliance with all requirements imposed by or pursuant to Title
49, Code of Federal Regulations, U.S . Department of Transportation , Subtitle A, Office of the
Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of
Transportation, Effectuation of T itle VI of the Civil Rights Act of 1964, and as said Regulations and
Acts may be amended[, and (3) that in the event of breach of any of the above-mentioned non-
discrimination conditions, the Department will have a right to enter or re-enter sa id lands and
facilities on said land, and that above described land and facilities will thereon revert to and vest in
and become the absolute property of the Federal Aviation Administration and its assigns as such
interest existed prior to th is instruction].*
(*Reverter clause and re lated language to be used only when it is determined that such a clause
is necessary in order to make clear the purpose of Title VI.)
1.1.4. Title VI Clauses for Transfer of Real Property Acquired or Improved Under
the Activity, Facility, or Program
(Source: Appendix C of Appendix 4 of FAA Order 1400.11, Nondiscrimination in Federally-
Assisted Programs at the Federal Aviation Administration)
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR
IMPROVED UNDER THE ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, lic enses , leases, permits, or similar in struments
entered into by the Marco Is land Executive Airport pursuant to the provisions of the Airport
Improvement Program grant assurances.
A. The (grantee, lessee, permittee , etc . as appropriate) for himself/herself, his/her heirs ,
personal representatives, successors in interest, and assigns, as a part of the consideration
VOLUME 1 -BID DOCUMENTS FCP-5
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENT S STATE AND FEDERAL CONTRACT PROVISIONS
hereof, does hereby covenant and agree [in the case of deeds and leases add "as a covenant
running with the land'j that:
1. In the event facilities are constructed, maintained, or otherwise operated on the
property described in this (deed, license, lease , permit, etc.) for a purpose for which a
Federal Aviation Administration activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the (grantee, licensee,
lessee, permittee, etc.) wi ll maintain and operate such facilities and services in
compliance with all requirements imposed by the Nondiscrimination Acts and
Regulations listed in the Pertinent List of Nondiscrimination Authorities (as may be
amended) such that no person on the grounds of race, color, or national origin, will be
excluded from participation in, denied the benefits of, or be. otherwise subjected to
discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above
Nondiscrimination covenants, Marco Island Executive Airport will have the right to terminate
the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities
thereon, and hold the same as if the (lease , license, permit, etc.) had never been made or
issued.*
C. With respect to a deed, in the event of breach of any of the above Nondiscrimination
covenants, the Marc o Island Executive Airport will have the right to enter or re-enter the lands
and fa cili ties thereon, and the above described land s and facilities will there upon revert to
and vest in and become the absolute property of the Marco Island Executive Airport and its
assigns.*
(*Reverter clause and related language to be used only when it Is determined that such a clause
is necessary to make clear the purpose of Title VI.)
1.1.5. Title VI Clauses for Construction/Use/Access to Real Property Acquired
Under the Activity, Facility or Program
(Source: Appendix D of Appendix 4 of FAA Order 1400.11 , Nondiscrimination in Federally-
Assisted Programs at the Federa l Aviation Administration)
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY
ACQUIRED UNDER THE ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits , or similar
instruments/agreements entered into by Marco Island Executive Airport pursuant to the provisions
of the Airport Improvement Program grant assurances .
A. The (grantee, licensee, permittee, etc ., as appropriate) for himself/herself, his/her heirs,
personal representatives, successors in interest, and assigns, as a part of the consideration
hereof, does hereby covenant and agree (in the case of deeds and leases add, "as a covenant
running with the land") that (1) no person on the ground of race , color, or national origin, will
be excluded from participation in , denied the benefits of, or be otherwise subjected to
VOLUME 1 -BID DOCUMENTS FCP-6
MARCO I SLAND EXECUTIVE AIRPO RT
NEW TERMINAL BUILDING AND A SSOCIATED IMPROVEMENTS ST AT E AND F EDERAL CONTRACT PROV ISI ON S
discrimination in the use of said facilities , (2) that In the construction of any improvements on,
over, or under such land, and the furnishing of services thereon , no person on the ground of
race , color, or national origin, will be excluded from participation in , denied the benefits of, or
otherwise be subjected to discrimination , (3) that the (grantee, licensee, lessee , permittee,
etc.) will use the premises in compliance with all other requirements imposed by or pursuant
to the List of Pertinent Nondiscrimination Authorities.
B. With respect to (licenses , leases , permits, etc.), In the event of breach of any of the above
nondiscrimination covenants , Marco Island Executive Airport will have the right to terminate
the (license, permit, etc., as appropriate) and to enter or re -enter and repossess said land and
the facilities thereon , and hold the same as if said (license, permit, etc., as appropriate) had
never been made or issued ."'
C . With respect to deeds, in the event of breach of any of the above nondiscrimination covenants,
Marco Island Executive Airport will there upon revert to and vest in and become the absolute
property of Marco Island Executive Airport and Its assigns.*
("'Reverter clause and re lated language to be used only when it is determined that such a clause
is necessary to make clear the purpose of Title VI.)
1.1.6. Title VI List of Pertinent Nondiscrimination Authorities
(Source: Appendix E of Appendix 4 of FAA Order 1400.11 , Nondiscrimination in Federally-
Assisted Programs at the Federal Aviation Administration)
During the performance of this contract, the contractor , for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor'') agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
• Title V I of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (proh ibits
discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department
of Transportation-Effectuation of Title VI of The Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
( 42 U.S . C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has
been acquired because of Federal or Federal-aid programs and projects);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C . § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability): and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S . C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC § 471 , Section 47123), as
amended, (prohibits discrimination based on race, creed , color, national origin, or sex):
VOLUME 1 -BID DOCUMENTS FCP-7
MA RCO ISLAN D EXECUTIVE AIRPORT
NEW TERMINAL BUILDING AND ASSOC IATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIO NS
• The Civil Rights Restoration Act of 1987, (PL 1 00-209), (Broadened the scope, coverage
and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of
1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the defi nition of the
terms "programs or activities" to include all of the programs or activities of the Federal-aid
recipients, sub-recipients and contractors, whether such programs or activities are
Federally funded or not);
• Titles II and Ill of the Americans with Disabilities Act of 1990, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private transportation
systems, places of publ ic accommodation , and certain testing entities (42 U.S .C. §§ 12131
-12189) as implemented by Department of Transportation regulations at 49 CFR parts
37 and 38;
• The Federal Aviation Administration 's Non-discrimination statute (49 U .S .C. § 47123)
(prohibits discrimination on the basis of race , color, national orgin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income
populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited Eng lish proficiency (LEP). To ensure compliance with
Title VI, you must take reasonable steps to ensure that LEP persons have meaningful
access to your programs (70 Fed . Reg . at 74087to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or act ivities (20 U.S. C . 1681 et seq).
VOLUM E 1 -BI D DOCUMENTS FCP-8
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS
FEDERAL CONTRACT PROVISIONS
FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE)
(Reference: 29 USC § 20 1, et seq .)
All contracts and subcontracts that re su lt from thi s soli citatio n incorporate the following provis ions
by reference, with the same force and effect as if given in fu ll text. The contractor has full
respons ibility t o monitor compl iance to the referenced statute or regulation . The contractor must
address any claims or disputes that pertain t o a referenced requirement directly with the Federal
Agen cy with e nforcement responsibi lities.
Requirement Federal Agency with Enforcement
Responsibilities
F ed eral Fa ir Laber Standards Act (29 USC U.S. Department of Labor -Wage and Hour
201) Division
VO LUM E 1 -BID DOCUMENTS FCP-9
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVIS ION S
FEDERAL CONTRACT PROVISIONS
OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970
(Reference 20 CFR part 191 0)
All contracts and subcontracts that result from this solicitation incorporate the following provisions
by reference, with the same force and effect as if given in full text. The contractor has full
responsibility to monitor co mpliance to the referenced statute or regulation . The contractor must
address any claims or disputes th at pertain to a referenced requirement directly with the Federal
Agency with enforcement responsibilities.
Requirement Federal Agency with Enforcement
Responsibilities
Occupational Safety and Health Act of 1970 U.S. De partm ent of Labor -Occupational
(20 CFR Part 191 0) Safety and Health Administration
VOLUME 1 -BID DOCU MENTS FCP-10
MARCO ISLAND EXECUTIVE AIRPORT
N EW TERMINAL BUILDING AND ASSOCIATED IMPROVEMENTS STATE A N D FEDERAL CONTRACT PROVISI ONS
STATE CONTRACT PROVISIONS
RESTRICTIONS, PROHIBITS, CONTROLS AND LABOR PROVISIONS
a) A person or affiliate who has been placed on the convicted vendor list following a co nviction
for a public entity crime may not submit a bid on a contract to provid e any goods or services to a
public en tity, may not submi t a bid on a contract with a public entity fo r the construct ion or repair
of a public building or public work, may no t submit bids on leases of real property t o a public entity,
may not be awarded or perform work as a contractor, suppli er , subcontractor, or cons ultan t under
a contract with any publi c entity, and may not transact busin ess w ith any publi c entity in excess
of th e threshold amount provided in Sectio n 287.017, Flo ri da Statutes for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor li st.
b) In accordance with Section 287.134, Florida Statutes, an entity or affil iate who has been placed
on the discriminatory vendor li st may not submit a bid on a con tract to provide any goods or
services to a public entity , may not s ubmit a bid on a con trac t with a public en tity f or the
constru ctio n or repair of a public build ing or public work, may not subm it bids on leases of rea l
property to a public entity , may not be awarded or perform work as a contractor, supplier,
subcontractor , or con sultant un der a contract w ith any publ ic en tity, and may not transact business
with any p ubl ic e ntity.
c) A n en t ity or affiliate who has had its Certificate of Qualification suspended , revoked , de nied or
have further been determined by the Department to be a non-responsible contractor may not
sub mit a bid or perform work for the construction or repair of a publi c building or public work on a
contract with the Agency.
d) Neither th e County nor a ny of its contractors or t heir subcontractors shall enter into any
contract, subcontract or arrangement in connection with the Project or a ny property included or
planned to be included in th e Project in which any member, offi ce r or emp loyee of the Agency or
the local ity during tenure or for two (2) years thereafter has any interest, direct or indirect. If any
such present or former member, officer or employee involuntarily acqu ires or had acquired p ri or
to th e beg innin g of ten ure a ny s uch interest, and if such interest\ is immediately disclosed t o the
Agency, the Age ncy, with pri or approval of th e Department, may waive th e pro hi bitio n conta ined
in this paragraph provid ed th at any such present member, officer or employee shall not participate
in any action by the Agency or the locality relating to such contract, subcon tract or arrangement.
The Co unty shall insert in all contracts entered into in con nection with th e Proj ect or any property
included o r planned to be included in any Project, and shall requ ire its con t ractors to inse rt in each
of their subcontra cts, the following provi sion:
"No member, offi cer or employee of the Ag ency or of the loca lity durin g hi s tenure or for 2 years
thereafter s hall have any interest, direct or ind ir ect, in thi s con tract or the proceeds thereof_"
VOLUME 1 -BID DOCUMENTS FCP-11
MARC O ISLAND EXE CUTIVE AIRP ORT
NEW TERMINAL BUILDING AND ASSOC IATED IMPROVEMENTS STAT E AND FEDERAL CONTRACT PROVI SIONS
STATE CONTRACT PROVISIONS
NOT OBLIGATION TO THIRD PARTIES
The Florida Department of Transportation shall not be obligated or liable hereunder to any party
other than the County.
LOBBYING
No funds received pursuant to thi s Ag reement may be expended for lobbying the Leg islature, the
judicial branch or a state agency.
RECORDS RETENTION AND ACCESS
The contractor and all subcontracto rs shall ma intain and retain sufficient records demonstrating
its com pli ance with the terms of the Agreement for a period of at least five (5) years after final
payment is made and sha ll allow the County, the Florida Department of Transportation (FOOT ),
or its designee's access to suc h records upon request.
The contractor agrees to comply with 20.055(5) F.S. and incorporate in all its subcontractors the
obligatio ns to comp ly w ith 20.055(5) F.S to cooperate with the in spector general in a ny
invest iga tion , audit, inspection, review, or hearing pursuant t o this section.
EMPLOYMENT ELIGIBILITY (USING E-VERIFY)
AgencyNendors/Contractors : a} Shall uti li ze the U.S . Department of Hom eland Security's E-
Verify system to verify the employment eligibility of all new employees hired by the Agency during
th e term of the Agreement ; and b} Sha ll expressly require any contractors and subcontractors
performing work or providing services pursuant to th e Ag reement to likewise utilize the U.S.
Departme nt of Homeland Security's E-Verify system to v erify the employment eligibility of all new
employees hired by the co ntractor or subcontractor dur ing the Ag reement term.
VOLUME 1 -BID DOC UMENTS FCP-12
MARCO ISLAND EXECUT IVE A IRPORT
NEW TERMINAL BU ILDING AND ASSOCIATED IMPROVEMENTS STATE AND FEDERAL CONTRACT PROVISIONS
THIS PAGE LEFT INT ENTIONALLY BLANK
VOLU ME 1 -BID DOCUMENTS FCP·13
MARCO IS LAND EXECUTIVE AIRPORT
NEW TERMINAL FACILITY AND ASSOC IATED IMPROVEMENTS
SPECIAL CONDITIONS
SECTION 1
MISCELLANEOUS
SPECIAL CONDITIONS
SECTI ON 1 MISCELLANEOUS
1. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law
and clause required by law to be inserted in the Contract Documents shall be deemed to be
inserted herein and the Contract shall be read and enforced as though it were included herein .
If, for any reason, any such provision is not inserted in the Contract, or is not correctly inserted,
then upon application of either party , the Contract shall forthwith be physically amended to
make such insertion or correction .
2. CORRELATION OF DOCUMENTS.
A. Drawings and specifications are cooperative and supplementary. Portions of the
Work which can be best be illustrated by the drawings may not be included in the specifications
and portions best described by the specifications may not be depicted on the drawings. All items
necessary or incidental to complete ly construct or erect the Work shall be furnished, whether
called for in the specifications or shown on the drawings . Anything mentioned in the specifica -
tions and not shown on the drawings, or anything shown or mentioned on the draw ings and not
mentioned in the specifications, shall be of like effect as if shown or mentioned in both .
B. In case of disagreement between the drawings and specifications , or within either
document itself, the better quality or greater quantity of Work shall be estimated and included in
the bid and Contract Price and the matter drawn to the Engineer's attention for decision .
3. NOTICE AND SERVICE THEREOF. Where the manner of giving notice is not otherwise
provided for in the Contract Documents , any notice to the Contractor from the Owner relat ive to
any part of the Contract shall be in writing and considered delivered and the service thereof
completed , when said notice is posted, by certified or registered mail, to the Contractor at the
address given in the Contractor's Proposal , or at the last business address known to him who
gives the notice, or delivered in person to the Contractor or his authoriz ed representative on the
site . It is mutually agreed that such not ice shall be sufficient and adequate.
4. SUBCONTRACTING.
A. The Contractor may utilize the services of specialty or minority subcontractors on
those parts of the Work which, under normal contracting practices , are performed by special ty
or minority subcontractors .
B. The Owner reserves the right to approve subcontractors for any Work . The
Contractor, if requested by the Owner, shall submit to the Owner the proposed award and such
information as the Owner may requ ire concerning any subcontractor.
C. The Contractor shall be as fully responsible to the Owner for the acts and omissions
of his subcontractors, and of persons either directly or Indirectly employed by them , or under
th eir control , as he is for the acts and omissions of persons directly employed by him .
D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the Work to bind subcontractors to the Contractor by the terms of the Contract
Documents insofar as applicable to the Work of subcontractors, and to give the Contractor the
VOLUME 1 • BID DOCU MENTS sc -1 SPECIAL CONDITION ITE M
MARCO ISLAND EXEC UTIVE AIRPORT
NEW TER MINAL FACILITY AND ASSOCIATED IMPROVEMENTS
SPECIAL CONDITION S
SECTI ON 1 MISCELLANEOU S
same power as regards terminating any subcontract that the Owner may exercise over the
Contractor under any provision of the Contract Documents.
E. Nothing contained in the Contract Documents shall create any contractual
relationships between any subcontractor and the Owner.
5. PROTECTION OF PERSONS .
A. The Contractor shall :
(1) At all times protect the lives and health of his employees under the Contract;
(2) Take all necessary precautions for the safety of all persons on or in the
vicinity of the project site.
(3) Comply with all applicable provisions of Federal, State and Municipal safety
laws and building codes .
(4) Comply with all pertinent provisions of the Manual of Accident Prevention in
Construction issued by the Associated General Contractors of America, Inc.,
latest edition, to prevent accidents or Injury to persons on or about or adjacent to
the premises where the work is being performed . He shall erect and properly
maintain at all tim es, as required by the conditions and progress of the Work, all
necessary safeguards for the protection of persons and shall post danger s igns
warning against the hazards created in part by features of construction such as
protruding nails, rod hoists, well holes, falling materials, etc ., and he shall
designate a responsible member of his organization on the Work site who se duty
shall be the prevention of accidents;
(5) Provide for all safeguards for the protection of those having Right-of-Entry
during field review and observation of the Work.
B. The Contractor shall comply with all provisions of the "Williams-S telger Occupational
Safety and Health Act of 1970" including any amendments thereto and rules and regulatio ns
issued pursuant thereto, applicabl e to the Work and performance of the Contract. Where a State
in which Work is performed has passed legislation bearing on Occupational Safety and Health,
such legislation and amendments thereto, together with rules and regulations issued pursuant
thereto shall be com plied with by th e Contractor.
6. AUTHORITY OF ENGINEER.
A. T he Engineer, through its duly au thorized representatives , shall furnish engineering
services during construction of the Work to the extent provided in th e Contract Documents . He
shall observe and review the Work in the process of construction or erection. Compliance with
the Contract Documents shall be the Contractor's responsib ility notwith sta nding such
observation or review . The Engineer has authority to recommend suspension of the Work to the
Owner when it appears such suspension may be necessary to accomplish the proper
implementation of the intent of the Contract Documents . The authority to observe, review or
recommend suspension of the Work, or exercis e such other authority as may be granted by the
Contract Documents, shall not be construed or interpreted to mean supervision of construction,
which is the Contractor's responsibility , nor make the Engineer respo nsible for providing a safe
VOLUME 1 -BID DOCUMENTS sc-2 SPECIAL CONDITIO N ITEM
MARCO ISLAND EXECUTIVE AIRPO RT
NEW TE RMINAL FACI LI T Y A ND ASSOCIATED IMPROVEMENTS
SPEC IAL C ONDITIONS
SECTION 1 MI SCELLANEOUS
place for the performance of Work by the Contractor or by the Contractor's employees, or those
of suppliers or subcontractors, or for access, visits, use, work , travel , or occupancy by any other
person. The Engineer shall also have the authority to reject any Work, materials, or equipment
which do not conform to the Contract Documents and to decide technical questions which arise
in the execution of the Work.
B. The Engineer shall determine the amount, quality, acceptability, and fitness of the
severa l kinds of Work, materials, equipment and supplies which are to be paid for under the
Contract and shall decide questions which may arise in relation to said Work and its comp li ance
with the Contract Documents. The Eng ineer's estimates and decisions shall be final and
conclusive, except as otherwise expressly provided in case any question shall arise between
the parties to the Contract relative to the Contract Documents, the determination or decision of
the Engineer shall be a condition precedent to the right of the Contractor to receive any money
or payment for Work under the Contract affected in any manner or to any extent by such
question.
C. The Engineer shall decide the meaning and intent of any portion of th e Contract
Documents where the same may be found obscure or be in dispute .
7. "GOOD REPAIR" PERIOD.
A. The Contractor hereby agrees to keep all Work constructed under the Contract in
Good Repair for a minimum period of one (1) year, unless a longer period is otherwise specified
in the Contract Documents , from the date of acceptance of mJ. of the Work by the Owner. No
provision of the Contract documents shall be valid which limits the "Good Repair" period to less
than one (1) year from the date of acceptance of Ell of the Work by the Owner . The Work may
be phased . Each phase of Work completed shall be inspected and approved for use by the
Owner but shall not be accepted until mJ. Work for all phases is complete and a final inspection
for all Work has been performed.
B. It is intended that this provision shall apply whether or not bond is required , as a
personal obligation of the Contractor.
C. The obligations of the Contractor as herein provided shall be in addition to and not in
limitation of any ob ligations imposed upon him by special guarantees required by the Co ntract
Documents or otherwise prescribed by law .
8. VARIATION FROM ESTIMATED QUANTITIES . The Contractor may reasonably expect a
variation in estimated quantities such that the total payment for the completed Work may range
from 75 to 125 percent of the total amount of the Contract based on the estimated quantities
defined in the proposal. The Contractor will not be allowed any claims for anticipated profits, for
loss of profits, or for any damages because of a difference between the estimate of any item
defined in the Proposal and the amount of the item actually required or for the elimination of any
part of the Work . Funds for construction of the Work herein contemp lated are limited . The
Owner reserves the right to eliminate or reduce the items of the proposal or any of the Work as
may be required to bring the cost of the Work within the limits of available funds.
9. WATER FOR CONSTRUCTION. Water used for construction of this project will be furnished
by the Contractor. The Contractor shall make the necessary arrangements with the Owner of
the source of water for securing and/or transporting such water. No separate payment will be
VOLUME 1 -BID DOCUMENTS SC -3 SPECIAL CONDI TION ITEM f 8
MARCO ISLAN D EXEC UTIVE AIRPO RT
NEW TE RMIN AL FACILI TY AN D ASSOC IATED IMPROVE MENTS
SPEC IAL CONDITIONS
SECT ION 1 MI SCEL LAN EOUS
made for water used but the cost thereof shall be included in the various items of the proposal
and bid schedule .
10. LIGHTS AND POWER. The Contractor shall provide , at his own expense , temporary
lighting and facilities required for the proper prosecution and inspection of the work.
11. COORDINATION WITH OTH ERS . In the event ot her contracto r s are doing work in the
same area simultaneously with this project, the Contractor shall coordinate his proposed
construction with that of the other contractors. The Contractor shall notify the Engineer of said
coordination attempts and the results .
12. TESTING, INSPECTION, AND CONTROL. The Owner shall pay for all passing tests, the
Contractor shall pay for all failing tests. Charges for failing tests will be deducted from th e
Contractor's earnings at the end of project at the time of final payment or on a periodic basis
during co nstruction as approved by the Owner. The Contractor will pay for tests, other than
Acceptance testing , and sha ll be incidental to those items which require testing . The Contractor
shall furnish , at his own expense, all necessary specimens for testing of the materials, as
required by the Engineer . The Contractor shall be responsible for notifying the testing laboratory
to pick up the test samples. Also , the Engineer reserves the right to test at any location on the
project , and at any frequency he deems necessary before, during and after incorporation of all
materials Into the project to satisfy himself and ensure that all materials meet the specified
requirements. All materials utilized in the project must meet specification requirements before,
during and after incorporation into the project. Any additional testing that the Contractor deems
necessary to ensure himself th at the materials he is Installing meet the required specifications
and/or as a proof of the Owner authorized testing laboratory shall be solely the expense of the
Contractor whether the tests pass or fail.
13. LIN ES AND GRADES. Section 50 , Item 50-06 of the General Provisions and Technical
Specification P-1 04, Project Survey and Stakeout includes all requirement for all lines , grades ,
and measurements necessary to the proper prosecution and control of the work contracted for
under these specifications shall be provided by the Contractor and he shall be so lely
responsible for the accuracy of said lin es, grades and measurements.
14. TRADE NAMES AND MATERIALS. No material which has been used by the Contractor
for any temporary purpose whatsoever is to be incorporated in the permanent Work without
written consent of the Engineer.
Where materials or equipment are specified by a trade or brand name , it is not the intention of
the Owner to discriminate against an equal product of another manufacturer , but rather to set a
definite standard of quality or performance, and to est ablish an equal basis for the evaluation of
bids . Where the words "equivalent", "proper", or "equa l to" are used, they shall be understood to
mean that the thing referred to shall be proper , the equivalent of, or equal to some other thing ,
in the opinion or judgement of the Eng in eer. Unless otherwi se specified , all material s shall be
the best of their respective kinds and shall be in all cases fully equal to approved samples . Not-
withstanding that the words "or equa l to" or other such expressions may be used in the plans
and specifications in connection with the material , manufactured article or process , the material,
manufactured article or process specifically designated shall be used, unless a substitute shall
be approved in writing by the Engineer and the Engineer shall have t he right to require the use
of such specifica ll y designated material , article or process.
VOLUME 1 • BID DOC UMENTS sc. 4 SPEC IAL CONDITION ITE M
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL FACILITY AND ASSOCIATED IMPRO VEMENTS
SPECIAL CONDITION S
SECTION 1 MI SCELLANEOU S
15. PROPERTY LINES AND MONUMENTS. The Contractor shall protect all property corner
markers and any other monument, and when any such markers or monuments are in danger of
being disturbed, they shall be properly referenced and if disturbed shall be reset at the expense
of the Contractor.
16. FENCES AND DRAINAGE CHANNELS . Boundary fences or other improvements removed
to permit the installation of the Work shall be replaced in the same location and left in a
condition as good or better than that in which they were found . Existing fences not to be
removed and intersecting with new fencing (fencing outside airport property) shall be connected
to the new fencing in a manner acceptable to the fence owner and the Owner and /o r Engineer.
No boundary or perimeter fencing shall be removed without new boundary or perimeter fencing
installed in its place and the airport property protected by boundary or perimeter fencing . No
gaps in new and existing fencing will be allowed at any time except when the Contractor is
present at the fence location and is removing and/or Installing new fence . At the end of each
day the Contractor shall inspect and verify that all boundary or perimeter fenc i ng is in a secure
state with no gaps or access points for anyone.
Where surface drainage channels are disturbed or blocked during construction, they shall be
restored to their origina l condition of grade and cross section after the work of construction is
completed .
17. DISPOSAL OF WASTE AND SURPLUS EXCAVATION. All trees, stumps, slashings,
brush or other debris to be removed from the site as a pre limi nary to the construction work shall
be removed from the property and legally disposed of in a manner approved by the Engineer
and at a site approved by the Owner. No burning on site will be permitted .
All excavated earth in excess of that required for embankment and backfill shall be disposed of
in a satisfactory manner as shown on the plans or as directed by the Engine er to a site
approved by the Owner.
18. AIR POLLUTION. The Contractor shall comply with all Federa l, State and local
Requirements .
19. EXISTING UTILITIES AND SERVICE LINES. The Contractor sha ll be responsible for the
protection of all existing utilities or service lines crossed or exposed by his construction
operations. Where existing utilities or service lines are cut, broken or damaged, the Contractor
shall replace or repair the uti lities or service lines with the same type of original material and
construction, or better, at his own cost and ex pense , with the exception of those items included
in the bid schedule.
20 . RECORDS OF MATERIALS PURCHASED . By a certain time each month as defined and
established at the preconstruction conference, the Contractor shall furnish to the Engineer,
duplicate copies of all invoices for materials furnished to be incorporated into the work, plus a
statement of all materials previously included on monthly estimates and incorporated into the
Work during the preceding month . This information is to be used to determine the value of
materials on hand to be included in the m onthly estimate for periodical payment.
21. CONTRACTOR ACCESS TO PROJECT SITE. The Contractor shall have a specific access
rout e to the project site . This route is shown in the construction drawings . The Contractor shall
use this route to bring all equipment and materials in . If th e Contractor has a better route which
wou ld prevent damage to existing roads or provide safer access to the construction site , the
VOLUME 1 -BID DOCUMENTS SC-5 SPECIAL CONDITION ITEM
MARCO ISLAND EXECUTIVE AIRPO RT
NEW TERMINAL FACILITY AND A SSOCIATED IMPROVEMENTS
SPECIAL CONDITIONS
SECTION 1 MISCELLANEOUS
Contractor shall supply a drawing showing the recommended route to the Owner and Engineer
for approval at the preconstruction conference .
22. NIGHTTIME WORK. In phases of work requiring daytime work , the Contractor shall not
perform nighttime work unless given advance written approval by the Engineer and /or Owner. If
the Engineer and/or Owner approves any contractor request for nighttime work , the Contractor
shall coordinate closely with the Engineer and the Owner during any and all approved nighttime
work . This includes any nighttime hauling of materials to the project site. If the Contractor
wishes to perform nighttime work or haul materials at night, the Contractor shall reimburse the
Owner for any nighttime inspection costs incurred by the Owner to adequately and properly
inspect said nighttime work or hauling of materials .
In phases of work requiring night t ime work, the Contractor shall perform said night time work
within the time frame allotted by the Owner and as provided for in the Contract Documents. T he
Contractor shall coordinate with the Owner and Engineer each day before night time operations
commence to ens ure all special instructions, time limitations, directives, etc. are adhered to
each night of night time operations. The Contractor shall not enter areas requ iring night t ime
construction operations until cleared to do so, each night, by th e Owner. Any violation of this
provision shall result in a $1 ,000.00 fine for each occurrence.
23. DUST CONTROL. The Contractor s hall maintain strict dust control during th e project
duration . Th ere are operational areas, aircraft parked on the airport, commercial facilities which
perform maintenance and repair work to aircraft as well as active recreational facilities that
involve hundreds of children and adults. Therefore, it is imperative that strict dust control be
maintained so that damage or nuisance to the areas and faciliti es described above or airport
operational areas is prevented . This dust control shall also include the dust which may occur
during any construction procedure. If dust control is not maintained to the satisfaction of the
Owner, the Contractor shall receive one warning . If further violations of the dust control occur,
th e Contractor shall be fined $1,000.00 for each individual infraction.
24. TRIP TICKETS, INVOICES, WEIGH BILLS, ETC. The Contractor shall be responsib le for
supplying any and all trip t ickets, invoices, weigh bills , etc. which show the quantities actually
used in the construction of the project. All said trip tickets , invoices, weigh bills, etc. shall relate
directly to specific bid items. If the Contractor fails to submit said trip tickets, invoices, weigh
bills , etc. to the Engineer or his authorized representative prior to or during th e t ime of
installation of materials Into the project , any material overruns claimed by the Contractor at th e
end of the project shall not be accepted.
25. FINAL IN-PLACE EXCAVATION & EMBANKMENT SECTIONS . At the completion of the
project, the Contractor shall submit final in -place earthwork cross sections for th e entire project
site affected by earthwork operations with the detailed calculations as to as-built excavation
and/or embankment. The earthwork cross sections shall submitted to the Engineer electronically
in AutoCad 2010 or higher format. The Engineer shall utilize the AutoCad drawings of the cross
sections to verify the final in -p lace quantities . No other pl atform for submittal shall be all owed .
The Contractor shall be paid based upon the volume between the original ground line and th e
as-built ground line . The Contractor shall be paid based on the type of operations for which a
bid price was provided.
26 . CONFORMANCE TO ALL LAWS AND REGULATIONS. It is expressly understood that
the Contractor agrees to conform to all Federal, State, or local laws and regulat ions, as well as
all Collier County Codes and Ordinances, all of which may apply to the services to be performed
VOLUME 1 • BID DOCUMENTS SC-6 SPECIAL CONDITION ITE M ( ~
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL FACILITY AND ASSOCIATED IMPROVE MENTS
SPEC IAL CONDITI ONS
SECTION 1 MISCELLANEOUS
and that th e County is to be held free and harmless from any act or failures by the Contractor to
do so.
27. LICENSES, PERMITS AND OTHER CERTIFICATES. The Contractor shall obtain and
maintain in force at all times , and ensure that all subcontractors obtain and maintain in force at
all times , all licenses, permits and other certificates required by Federal, State, County, or
Municipal authorities for operations under th e terms of this Contract, and shall provide the
County with copies of all required licenses, permits, and other certificates prior to commencing
work .
28 . CONFORMANCE TO ALL SECURITY RELATED REQUIREMENTS . The Contractor
agrees to observe all secu rity requirements of Transportation Security Administration 49 CFR
1542 (formerly Federal Aviation Regulations Part 1 07), and the Airport Security Program, as
may be applicable, and as th e same may , from time to time, be amended, and to take such
steps as may be necessary or directed by the County to ensure that employees, invitees,
agents and guests observe th ese requirements. Each employ ee working on the airside of the
Airport is required to purchase a badge at $6.50 each and sha ll be requ ired to have a
background check .
29. PAYMENT OF FINES OR PENALTIES IMPOSED BY AUTHORITIES HAVING
JURISDICTION. If the County incurs any fines and/or penalties imposed by Federal, State,
Coun ty , or Municipal authorities , either during the term of th is Contract or anytime thereafter, as
a result of the acts or omissions of Contractor, its employees, invitees, agents guests, or
subcontractors, then Contractor shall be resp onsible to pay or reimburse the County for all such
costs and expenses.
END OF SPECIAL CONDITIONS ·SECTION 1
VOLUME 1 -BID DOCUME NTS SC· 7 SPECIAL CONDITION ITEM
MARCO ISLAND EXEC UTIVE AIRPORT
NEW TERMI NAL FAC ILITY AND ASSOCIATED IMPROVEMENTS
THIS PAGE LEFT INTENTIONALLY BLANK
VO LUME 1 • BID DOCUMENTS SC-8
SPECIAL CO NDI TIONS
SECTION 1 MISCELLANEOUS
SPECIAL CONDITION ITEM
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL FACILITY AND ASSOCIATED IMPROVEMENTS
SPECIAL CONDITIONS
SECTION 2
SPECIAL CONDITIONS
SECTION 2 RESPONSIBILITIES
AND LIMITATIONS OF AUTHORITY OF THE
RESIDENT PROJECT REPRESENTATIVE
LISTING OF DUTIES, RESPONSIBILITIES AND LIMITATIONS
OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE
The Owner and/or Engineer shall furnish a Resident Project Representative (RPR), assistants
and other field staff to assist the Engineer in observing performance of the Work of the
Contractor.
Through more extensive on-site observations of the Work in progress and field checks of
materials and equipment by the RPR and assistants, the Engineer shall endeavor to provide
further protection for the Owner aga inst defects and deficiencies in the Work; but, the furnishing
of such services will not make the Engineer responsible for or give th e Engineer control over
construction means, methods, techn iques, sequences or procedures or for safety precautions or
programs, or responsibility for the Contractor's failure to perform th e Work In accordance with
the Contract Documents .
The duties and responsibilities of the RPR are limited to those of the Engineer in the Engineer's
agreement with the Owner and in the construction Contract Documents , and are further limited
and described as follows :
A. General
1. The RPR is the Engineer's agent at the site and will act as directed by and under the
supervision of the Engineer, and will confer with the Engineer regarding the RPR's actions. The
RPR's dealings In matters pertaining to the on-site Work shall in general be with the Engineer
and the Contractor keeping the Owner advised as necessary . The RPR's dealings with
subcontractors shall only be through or with th e full know ledge and approval of the Contractor.
The RPR shall generally communicate with the Owner with the knowledge of and under the
di rection of the Engineer.
B. Duties and Responsibilities of the RPR
1. Schedules: Review the progress schedule, schedule of Shop Drawing subm itta ls and
schedule of values prepared by the Contractor and consult with the Engineer concerning
acceptability.
2. Conferences and Meetings : Attend meetings with the Contractor and Owner, such as
preconstruction conferences, weekly progress meetings, job conferences and other
project-related meetings, and prepare and circulate copies of minutes the reof.
3. Liaison:
a. Serve as the Engineer's liaison with the Contractor, working principally
through the Contractor's s up erintendent and assist in understanding the intent of the Contract
Documents ; and assist the Engineer in serving as the Owner's liai son with th e Contractor when
the Contractor's operations affect the Owner's on-site operations.
b. Assist in obtaining from th e Owner additional details or information, when
required for proper execution of the Work.
VOLUME 1 -BID DOCUMENTS sc-9 SPECIAL CONDITION ITEM
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL FAC ILITY AND ASSOCIATED IMPROVEMENTS
4. Shop Drawings and Samples:
SPECIAL CONDITIONS
SECTION 2 RESPONSIBILITIES
AND LIMITATIONS OF AUTHOR ITY OF THE
RE SI DENT PROJECT REPRESENTATIVE
a. Record date of receipt of Shop Drawings and samples.
b. Receive samples which are furnished at the site by the Contractor, and notify
the Engineer of availability of samples for examination.
c. Advise the Engineer and the Cont ractor of th e commencement of any Work
requiring a Shop Drawing or sample if the submittal has not been approved by the Engineer.
5. Review of Work, Rejection of Defective Work, Inspections and Tests:
a. Conduct on-site observations of the Work in progress to assist the Engineer in
determining if the Work is In general proceeding in accordance with the Contract Documents.
b. Report to the Engineer whenever the RPR believes that any Work is
unsatisfactory , faulty or defective or does not confo rm to the Contract Documents, or has been
damaged , or does not meet the requirements of any Inspection, test or approval require d to be
made; and advise the Engineer of Work that the RPR believes should be corrected or rejected
or should be uncovered for observation, or requir es special testing, inspection or approval.
c. Verify that tests, equipment and systems startups and operating and
maintenance training are conducted in the presence of appropriate personnel , and that the
Contra ctor maintains adequate records thereof; and observe, record and report to the Engineer
appropriate details relative to the test procedures and startups.
d. Accompany visiting inspectors representing public or other agencies having
jurisdiction over the Project, record the results of thos e inspections and r eport to the Engineer.
6. Interpretation of Contract Documents: Report to the Engineer when clarifications and
interpretations of the Contract Documents are needed and transmit to the Contractor
clarifications and interpretations as issued by the Engineer.
7. Modifications: Consider and evaluate the Contractor's suggestions for modifications
in drawings or specifications and report the suggestions along with the RPR's recommendations
to the Engineer. Transmit to the Contractor decisions as issued by the E ngin eer.
8. Records:
a. Maintain at th e job site orderly files for correspondence, reports of job
conferences, shop drawings and samples, reproductions of original Contract Documents
including all Work directive chang es, addenda, chang e orders, field orde rs , additional drawings
issued subseq uent to the execution of the Contract, the Engineer's clarifications and
interpretations of the Contract Documents, progress reports, and other Project related
documents.
b. Keep a diary or log book, recording the Contractor hours o n the job site,
weather conditions, data re lative to questions of Work field orders, change orders or changed
conditions, list of job site visitors, daily activities, decisions, observations in general , and specific
VOLUME 1 -BID DOCUMENTS sc -10 SPECIAL CONDITION ITEM
MARCO ISLAND EXECUTIVE AIRPORT
N EW T ERMINAL FACILITY AND ASSOCIATED IMP ROVEMENTS
SPECIAL CONDITIONS
SECTIO N 2 RESPONSIBILITIES
AND LIMITATIONS O F A UT HORIT Y OF THE
RESI DENT PR OJECT REPRESENTATIVE
observations in more detail as in the case of observing test procedures; and send copies to the
Engineer.
c. Record names , addresses and telephone numbers of all the contractors,
subcontractors and major suppliers of materials and equipment.
9. Reports :
a. Furnish the Engineer daily progress reports of progress of the Work and of the
Contractor's compliance with the progress schedule and schedule of Shop Drawing and sample
submittals .
b. Consult with the Engineer in advance of scheduled major tests , inspections or
start of important phases of the Wo rk .
c . Draft proposed change order s and field orders, obtaining bac kup material
from the Contractor and rec ommend to the Engineer change orders and field orders.
d. Report immediately to the Engineer and the Owner the occurrence of any
accident.
10. Payment Requests: Rev iew applications for payment with the Contractor for
co mpliance with the established procedure for their submission and forward with
recommendations to the Engineer, noting particularly the relationship of the payment requ ested
to the schedule of values, Work completed and materials and equipment delivered at the site
but not incorporated in the Work.
11. Certificates, Maintenance and Operation Manuals: During the course of the Work,
verify that certificates , maintenance and operation manuals and other data required to be
assembled and furnished by the Contractor are applicable to the items actually installed and in
accordance with the Contract Documents, and have this material delivered to the Engineer for
review and forwarding to th e Owner prior to final payme nt for the Work.
12. Completion :
a. Before the Engineer issues a Certificate of Substantial Completion, submit to
the Contractor a punch li s t of observed items requiring co mpletio n or correction .
b. Conduct final inspection in the company of the Engineer, th e Owner and the
Contractor and prepare a final punch list of items to be completed or corrected.
c. Observe that all items on the final punch list have been completed or
corrected and make recommendations to the Engineer concerning acceptance.
C. Limitations of Authority of the Resident Project Representative (RP R):
1. He shall not authorize any deviation from the Contract Documents or s ubstitution of
materia ls or equipment, unless authorized by the Engineer .
2. He shall not exceed limitations of th e Engineer's authority as set forth in the Contract
Docum e nts .
VOLUME 1 -BID DOCUMENTS sc -11 SPECIAL CO NDITI ON ITEM
MAR CO ISLAND EXECUTIVE AIRPORT
NEW TERM INAL FACILIT Y AND ASSOCIATED IMPROVEM ENTS
SPECIAL CONDITIONS
SECTION 2 RESPONSIBILITIES
AND LIM ITATIONS OF AUTHOR ITY OF THE
RE SIDENT PROJECT REPR ESEN TATIVE
3. He shal l not undertake any of th e responsl biliti es of the Contractor, subcontractors or
the Contractor's supe ri nt endent.
4 . He shall not advise on, issue directions relative to or assume control over any aspect
of th e means , methods , tec hniques, sequences or proce dures of construction u nless such
advice or directions are specifica lly required by the Contract Documents.
5. He shall not adv i se on , issue directions regarding or assume control over safety
precautions and programs in con nection with the Work .
6. He s hall not accept Shop Drawing or sample submi ttals from anyone other t han the
General Contractor.
7. He s hall not authorize th e Owner to occupy th e Project in whole or in part.
8. He sha ll not participate in special ized fie ld or laboratory tests or inspection s
condu cted by ot hers except as specifica lly authorized by th e Eng ineer.
END OF SPECIAL CONDITIONS-SECTION 2
VOLUM E 1 -BID DOCUMENTS sc -12 SPECIAL CONDITION ITEM
MARCO ISLAND EXECUTI VE AIRP ORT
NEW TERMINAL FACILITY AND ASSOCIATED IMPROV EMENTS
SPECIAL CONDITIONS
SECTION 3
SPEC IAL CO NDITI ONS
SECTI ON 3 VIDEO MONITO RING
CO NSTRUCT ION AERIALS,
AND DOCUM ENTATION
VIDEO MONITORING, CONSTRUCTION AERIALS, AND DOCUMENTATION
1.1 SUMMARY
This Section includes administrative and procedural requirements for the following :
1. Time-lapse sequence construction photographs .
2 . Web-based construction photograph ic document ation .
3. Mon thl y Co nstru ction Aeri als
This Section includes an integrated, professiona l-grade, high-definition digital webcam
system designed specifically for the constru ction industry as a turnkey package including
cameras and re lated hardwa re , mounting equipment, software, data transm i ssion wiring ,
webs ite hosting, image ho st ing and storage, and online interface for t he system and tec hnica l
support. This Section also Inc lud es monthly aerial photographs of the project site on a monthly
basis .
1.2 DEFINITIONS
A. System Vendor: Provider of camera system hardware and software a nd host
mainta ining off-site server, data storage dev ices , and troubleshooting software and
equipment. Contractor shall main tain an active contract for system service for
duration of Contract Time unless other term is agreed upon in w riting by the Ow ner.
Cost for system service shall be inc luded in the Contract Sum.
B. System Service: Host services provided by system vendor including im age
acquisition , transfer, back u p, periodic upgrades to the system, viewing access via a
maintained interface on the Internet, and on -lin e storage of images for duration of
th e servi ce contract.
1.3 INFORMATIONAL SUBMITTALS
A. Qua l ification Data : Web-based photographic documentation service provid er
B. Key Plan: Submit key plan of Project si t e with notation of vantage points marke d for
location a nd direction of each fixed camera location. In clud e same Info rmation as
corresponding photograp h ic document ation . Provide site wiring diagrams for
powe r, signal, and control wi rin g and grou nd ing source .
C. Web -Based Phot ographic Documentation : Submit time-lapse sequence video
recordi ng s simu lta neous ly w ith recording, and comp lete seq uence at end of Project.
1 . Submit time-lapse sequence video recordings by posting to Web-based
photograph i c documentation serv ice provider's Web site and month ly on
digital video disc. Provid e a ll recordings compil ed on DVD format or other
approved media at Project closeout.
2 . Time-Lapse Movie : Compi le select digital imag e s into a time-lapse movie-
like sequence of the construction period . Optimize Images included and run -
VOL UME 1 • BID DOCUMENTS sc -13 SPEC IAL CONDITION ITEM
MARCO ISLAND EXEC UTI VE AIRPO RT
NEW TER MINAL FACILITY AND ASSOC IATED IMPROVEMENTS
SPEC IAL CONDITIONS
SEC TI ON 3 VIDEO MONITORIN G
CO NSTRU CTI ON AERIALS,
AND DOCUM ENTATI ON
time length to suit the Authority's requirements . Time-lapses shal l be
professionally edited by a video editor using image stabi lization software. The
movie shall start with a graphic, incorporating project title , date and logo . Periods of
bad weath er or inactivity shall be removed to produce a compelling and consistent
movie . A machine edited movie will not be acceptable.
3. Identification; For each recording , provide the following information:
a) Name of Project.
b) Name and contact information for photographer.
c) SDCRAA and A uth orized Representative
d) Name of Contractor.
e) Date(s) and time(s) video recording was recorded .
f) Description of vantage point, indicating location, direction (by
compass point), and elevat ion .
g) Weather cond itions at time of recording .
D. Maintenance Data: For web-based camera equipment.
E. Monthly Construction Aerials : The Contractor shall submit monthly aerial
photographs of the project site beginning with t he start of construction and
endi ng with final completion of the project. Th e photographs shall include
three (3) views of the site . The Con t ractor sha ll submit one (1) copy of each
view on a n 8.5"x11" co lor pri nt and a CD-R OM with 300dpi resolution
images of the photog raphs .
1.4 QUALITY ASSURANCE
A. Web -Based Photographic Documentation Service Prov ider: A firm specializing in
providing photographic equipment, Web-based and trouble-shooting software, and
related services for constru ction projects , with record of prov id ing satisfacto ry
services simi lar to those required for Project for not less than three years .
Contractor shall maintain an active cont ract for system service for duration of
Contract Time; cost shall be includ ed in the Contract.
1.5 COORDINATION
A . Aux iliary Services: Provide auxi liary services requested, including access to Project
site a nd use of temporary fac ilit ies, including temporary ligh t ing required to produce
clear, we ll -lit photographs and videos .
1.6 USAGE RIGHTS
A. Obtain and transfer exclusive copyright usage ri ghts from Web-Based Photog raphic
Document Service Provider to the Authority for unlimi ted reprodu ction of
photographic documentation .
B. Contractor shall understand that photographs and archives gen erated by the
camera system become the exclusive propert y of the Authority and cannot be used
or disclosed to any other entity or person for any purpose without the express
written consent of the Authority .
VO LUM E 1 • BID DOCUM ENTS sc -14 SPECIAL CONDITI ON ITEM
MARCO IS LAND EX ECUTIVE AIRPORT
N EW TERMINAL FACILITY AND AS SOCIATED IMPROV E MENTS
1. 7 MAINTENANCE
SPECIAL C ONDITIONS
SECTION 3 VIDEO MONITORING
CONSTRUCTION A ERIALS,
AND DOCUMENTATION
A. Maintenance Service: Provide service and maintenance of camera systems as
recommended by System Vendor for entire construction period .
1. Examine monthly : clean and adjust equipment.
2. Provide remote emergency repair service by System Vendor seven days
a week to ensure uninterrupted camera service. Provide personnel on -site
to ass ist System Vendor as needed during working hours. Provide
replacement parts and components due to syst em failure , damage, or theft
within two business days.
3. Maintenance service shall not be assigned or transferred to another agent or
subcontractor without prior written consent of Owner.
4. Require System Vendor to pro-actively monitor the system by means of
service and maintenance contract. If no connection is made within a spa n
of time not to exceed 24 hours during regular business days, require
system vendor to notify Contractor and commence troubleshooting.
a) Provide necessary staff during troubleshooting to verify power
availability, to remove and replace system , and to verify functioning
phone lines or internet access for dialup and Ethernet-based
systems.
PART 2-PRODUCTS
2.1 WEB-BASED PHOTOGRAPHIC DOCUMENTATION
A. Project Cameras: Provide fixed exterior camera installation , mounted to provide
unobstructed view of construction site from locations approved by the
Representat ive. The cameras shall be robotic high definition megapixel webcams
for users to remotely v iew the project on a secure connection via a network
connect ion . Th e cameras will provide a full view of the work area on the
construction site.
1 . Provide fixed-location and mobile trailer mounted cameras, with the following
character! sties:
a) Manufacturers:
i. OxBi ue PTZ Construction Cameras and Solar Powered
Trailer by OxBiue, Inc ., www .oxblu e.com .
ii. ConstructionCam HD and Mobile TrailerCam by Earthcam,
In c., www.EarthCam.net.
iii. HD Cameras and Trailer System by ConstructionCAM,
www .constructioncam .com.
iv. Or equal.
b) Consist of a thermostatically controlled environmentall y sealed
enclosure
c) User controlled window wiper
d) Precise, Pan/Tilt robotic base desi gned to provide consistent imaging
in all environments
e) Capable of maintaining multiple preset com positions
VOLUME 1 • BID DOCUMENTS sc -15 SPECIAL CONDIT ION IT EM
M ARCO I SLAND EXECUTIVE AIRPORT
NEW TER MINAL FAC ILITY AND ASSOCIATE D IMPROVEME NTS
f) Live video stream in H .264 format
g) 1 080p broadcast quality video clip capability
SPECIAL CONDITIONS
SECTIO N 3 VIDEO MO NITO RING
CO NSTRUCTION A ERIALS,
AND DOCUMENTATION
h) H.264 , MPEG-4 Part 10/AVC, Motion JPEG video compression
i) 50/60fps in all resolutions
j) 2.1 Megapixel images (1920 x 1080 pixels)
k) Up to 150 Mega pixels auto-generated 360" panoramas
I) Lens : 3.8-38m m, f/1.8 -3.4, 1 OX Optical, 12X Digital , HD image
sensor
m) 67 .a• angle of view
n) Auto Feature s: Focu s and Day /Night
o) Communications: RJ-45 10BASE-T/100BASE-TX PoE
p) 4G cellular modem
q) 16GB On -Board Data Back -Up to provide a minimum of thirty days of
on-board image retention
r) Solar powered and wireless
s) Tra iler mounted locking manual/motorized up to 42 foot telescoping
mast with spiral conduit for cable deployment
B. Quantity of Cameras: Three fixed and one trai ler mounted ; located as directed by
Representative.
2.2 INTERFACE AND ONLINE ACCESS
A . Remote Access: Contractor's system vendor shall provide an onlin e interface
system to allow viewing of all high -definition digital still images captured and stored
during construction, from any location with internet access and with password
protection .
1. Maintain images on the system vendor's website for reference available
at all times during construction and for not less than 60 days after Final
Acceptance .
B. Online Interface: Th e camera will be accessible via an internet based Software as a
Service (SaaS) solution . This online interface will be managed and supported by the
System Vendor. The service will be available for the term of the project and allow the
viewing of live video and High Definition digital still images captured and stored of the
project on both mobile and desktop platforms .
The Internet Based On I ine Interface shall include the following features:
1. The online interface syste m shall be accessible by an unlimited number of
human users .
2 . System shall display Project name and Project logo .
3 . Navigation : Provide calendar-based navigation system for selecting specific
images.
4. Zoom : Provide zoom ca pabil ity for zoomin g into high -definition images .
5. User Screen Viewing Options :
a) Dynamic Calendar: Provide sc re e n showing calendar in which each
day displays an imag e for that day.
b) Project Dashboard : Provide screen allowing user to view multiple sites
VOLUM E 1 • BID DOCUMENTS sc -16 S PECIA L CONDITI ON ITE M
MARCO ISLAND EXECUTIVE AIRPORT
NEW T ERMINAL FACI LI TY AND ASSOCIATED IMPROVEMENTS
at one time.
SPECIAL CONDITIONS
SECTION 3 V IDEO M ONITORING
CONSTRUCTION AERIALS,
AND DOCUMENTATION
c) Quad View: Provide screen showing four windows, allowing user
to view last four days, weeks, or months on one screen.
d) Split Screen: Provide screen showing two discrete images side by
side, from same camera or from two different cameras.
e) Overlay Mode: Provide screen showing two discrete Images
overlaid, allowing user to determine differences between the two .
f) Full-Screen : Provide screen maximizing view of images on
user's monitor.
6. E-mail : Provide capa bility to e-mail photos with comments from within the
system .
7 . Slideshow: Provide capability to browse through images, moving forward
and backward in time by Individual image and by day.
8. Respons ive HTML5 design for cross-platform access on desktop and mobile
devices
9. Real-time live video viewing
10. User-controllable Robotic Pan , Tilt and Zoom
11. User-controllable settings for creating and editing multiple preset
compositions
12. Automatically generated daily panoramas
13. Monthly and on demand ultra H D panoramas
14. Onscreen control button for wiper control to allow for remote cleaning of the
viewing window
15. Picture in picture capability for viewing live video and High Definition
Megapixellmages simultaneously
16 . Digital Pan, Tilt and Zoom capability within a High Definition image
17 . Instant live snapshot capability in addition to preset scheduled archives
18. Timeline navigation system for selecting specific images and times
19 . Multifunction Image Browsing
20. Time-lapse feature with optional time date overlay for instant tim e-lapse
viewing, downloading and embedding
21 . Full Screen Mode for displaying vid eo and complete image without any
graphical frame
22. Photo Filters and Graphical Markup Tools for detai ling and creating notes
with graphical overlays on images, including project title, logo and time date
stamp
23. Image Comparison Tool for comparing two images taken at different times,
overlaid on top of each other
24. Share Image Tool for saving, printing, emailing and posting to Hall of Fame
25 . Marketing Section for posting and sharing camera images with notes
26 . Social Media Integration Tools for sharing project Images and notes on
Facebook and Twitte r
27. Automatically generated daily/weekly project progress update email with
camera image and weather
28. Graphical Weather applet displaying local weather data with satellite and
updating radar imaging
29. Integration of maps, aerial and satellite im agery
30. Graphical Data Management Tools showing archived and current system
status of solar amperage, battery power remaining , wireless radio
conn ectiv ity, and device location
VOLUME 1 -BID DOCUMEN TS sc -17 SPECIAL CONDITION ITEM
MARCO ISLAND EXEC UTI VE AIRPORT
NEW TERMINAL FAC ILITY AND ASSOC IATE D IMPROVE MENTS
PART 3 -EXECUTION
SPEC IAL CO NDITIONS
SECTI ON 3 VIDEO MONITORING
CONSTR UCTION AER IALS,
AND DOCUM ENTATION
3.1 WEB-BASED CONSTRUCTION PHOTOGRAPHIC DOCUMENTATION
A. General:
1. Install camera system in accordance with manufacturer's printed
instru ctions , State and Municipality codes and requirement s, and approved
submittals .
2 . Install units plumb and at proper angle to provide maximum fi e ld of
view of on-site operations .
3 . Securely and rig idly anchor products in place .
4 . The Contractor shall secure a nearby structure for camera mounting or
provide a f ixed pole (40 foot I 12 meters height recommended) and 3 inch I 8
centimeters minimum diameter as per System Vendor's instruction . T he
Contractor shall su pply all equipment required for safe and secure access to
the camera location for technicians performing installation and mai ntenance
services, inc luding building access , bucket truck and/or lift. T he System
Vendor will consult on and provide recommendations for optimal camera
pl acement and provide profession al install ation services as required .
B . Position camera so that field of view of appro ximately 72 degrees covers
i ntended area of site .
1 . Install camera at e levati on t hat will provide uncompromised visual coverage.
2 . Install cam era so that position of sun or m anmade light sources will not
come into direct contact with field of view of camera at a ny time during
construction .
C . Pre-installation Testing : Test camera on site at ground level prior to mounting
unit in its intended elevated position .
1 . Contact system vendor not less th an 24 hours in advance of installation for
t esti ng .
2 . Connect unit.
3. After 30 minutes co ntact system vendor and require system ve nd or to
remot ely confirm camera is operating properly.
4. Install cameras in locations approved by the Representative .
D. C lea n installed items using methods a nd materials recommend ed in writing by
manufacturer.
E. C heck and adj ust each camera to ensure proper operation a nd function .
F. Access to accou nt protected by Account Security feature which includes fo u r levels
of password protection, IP address block/permission and SSL protection of user
login password .
G . Live Stream ing Constru ction Si te Images: Provide web-acce ssible image of current
site from f ixed-location cam e ras to s how st atus of constr uction and progress.
VOLUM E 1 ·BID DOC UM ENTS sc ·18 SPEC IAL CO NDITI ON ITEM
MARCO ISLAND EXECUTIVE AIRPORT
NEW TERMINAL FACILITY A ND ASSOCIATED IMPROVEMENTS
SPECIAL CONDITIONS
SECTION 3 V IDEO MONITORING
CONSTRUCTIO N AERIALS,
AND DOCUMENTATION
1. Frequency: Record one frame of video recording every 5 minutes, from same
vantage point each time, to create a time-lapse sequence of construction
activities.
2 . Timer: Provide timer to automatically start and stop video recorder so
recording occurs only during construction work hours .
a) Maintenance: The Contractor shall provide all service and maintenance,
Including cleaning , of the camera system throughout the life of the project
including making appropriate arrangements for camera to remain in operation up
to and through finalization of all work and "completed state" condition necessary
for beginning-to-end time-lapse re co rd . The system shall have M2M-Machine to
Machine 24/7 Support with active self-healing te chnology and automatic software
upgrades to maintain the quality, consistency and reliability of all images.
H. The System Vendor shall provide time-lapse movie(s) at the end of the project.
Time-lapses shall be professionally edited by a video editor using image
stabilization software. The movie will start with a graphic, incorporating project title,
date and logo. Periods of bad weather or inactivity shall be removed to produce a
compelling and consistent movie. A machine edited movie will not be acceptable .
I. Termination and Removal: Remove camera system upon Substantia l completion.
Repair damaged Work, clean exposed surfaces , and replace construction that
cannot be satisfactorily repaired .
1. Camera system includ ing associated appurtenances and mounting
equipment are property of Owner.
2 . Deliver to Owner using original packaging .
END OF SPECIAL CONDITIONS-SECTION 3
VOLUME 1 -BID DOCUMENTS sc -19 SPECIAL CONDITION ITEM
MARCO ISLAND EXECUTIVE AIRPORT
NEW TER MINA L FACI LI TY AND ASSOCIATED IM PROVEMENTS
SPECIAL CONDITIONS
SECTI ON 3 VIDEO MONITOR ING
CONSTRU CTIO N AERI ALS,
AND DOC UM ENTATION
THIS PAGE LEFT INTENTIONALLY BLANK
VOLUM E 1 -BID DOCUMENTS sc -20 SPECIAL CO NDITION ITEM
EXHIBIT J : TECHNICAL SPECIFICATIONS
Supporting documents found at: http://bld.colllergov.net/bld/
and titled: 18-7240-Volume 2-Technical Specifications /18-7240-Volume 3A Technical
Specifications /18-7240-Volume 38 Tachnlcal Specifications
76
Co nstructi on Services Agreeme nt: Revised 06 1520 17
EXHIBIT K: PERMITS
Supporting documents found at: http://bid.colliergov.net/bid/
and titled: n/a
77
Cons tru ction Services Agreement: Revised 06 152017 ~ ~
EXHIBIT L: STANDARD DETAILS
Supporting documents found at: http:l/bld.colliergov.net/bld/
and titled: n/a
78
Constructio n Services Ag reemen t: Revised 06 152017
EXHIBIT M: PLANS AND SPECIFICATIONS
Supporting documents found at: http://bld.colllergov.net/bid/
and titled: 18-7240-Volume 1 Construction Drawings /18·7240 -Volume 2 Construction
Drawings /18·7240 ·Volume 3 Construction Drawings
79
Construction Services Ag reeme nt: Revised 06 152017
Cri\
'..:.:.:;.;
EXHIBIT N: CONTRACTOR'S KE Y PERSONNEL ASSIGNED TO THE PROJECT
Personnel Category
Kurt King Cons tru ction Superintendent
Charles Wi lson Project Manager
80 ~
Const l\lctl on Servi ces Ag ree ment: Revised 06 152017 ~~